1. Introduction
Welcome to the user agreement for the francisbacon.com website. The Estate of Francis Bacon Online Shop (“we”, “us” or “our”) provides the products and services available on this site. Your use of this site is governed by the Terms and Conditions set out below. By completing your customer registration with us and/or placing an order on the website you agree to be bound by the Terms and Conditions which forms a contract between you and us.The Estate of Francis Bacon Online Shop may update these Terms and Conditions of Sale at any time
2. Sales conditions
2.1 Satisfaction guaranteed or your money back
We exercise special care in the selection and manufacture of our products and the processing and delivery of your order.
However, if you are not completely satisfied with any of the products you have purchased, they can be refunded. You must return the item within seven (7) working days of receiving the product. If the shipping date indicated on the returned parcel exceeds the return period of seven (7) working days from receipt of the goods, all rights for reimbursement will not apply.
If the right of revocation is exercised within the aforementioned period, only the price of the item purchased will be refunded. The shipping costs of returning the item lie with the customer.
You must send the product to the address listed in the section “Returns”.
All items are quality controlled and checked for any faults before being dispatched. Should you receive an item that is not in perfect condition please contact us immediately at mail@francisbaconshop.com
Refunds will be made within a maximum of 30 days in the name of the customer who ordered the goods and using the same form of payment.
DVDs and books must be returned in the original packaging unless the customer service department has given prior approval for the packaging to be opened. For more information, please contact us: mail@francisbaconshop.com
2.2 Delivery Service
The Estate of Francis Bacon Online Shop operates from Spain. Delivery charges are calculated based on the weight of the parcel(s) and the delivery destination.
We will only deliver to those countries you will find on the list on the order form. Note that we do not deliver to P.O boxes.
TNT Express International Deliveries: 2-5 days.
TNT Express for Domestic Deliveries (Spain): 24-48 hours.
CORREOS (national postal service of Spain):
Europe: 4 - 7 days.
Rest of the World: 7 - 10 days.
Spain: 3 days.
Estimated delivery times are to be used as a guide only and commence from the date of dispatch. We are not responsible for any delays or additional charges caused by destination customs clearance processes.
We are unable to redirect orders once the item has been dispatched. Please note that if a Free Delivery promotion is applied to a product, the delivery option in that case is at our discretion.
2.3 Insurance
The Estate of Francis Bacon Online Shop insures each purchase during the time it is in transit until its delivery to the customer. A signature is required for any good delivered, at which point responsibility for the purchased good passes on to the customer. If you have specified a recipient that is not you for delivery purposes (in the example of a gift) then you accept proof of their signature as evidence of delivery and transfer of responsibility in the same way.
2.4 Packaging
All orders will be delivered in our signature bags or boxes.
2.5 Privacy policy
In accordance with legal requirements on data protection The Estate of Francis Bacon Online Shop informs the customer of the existence of automated files containing personal data created by us and under our responsibility, whose purpose is to maintain and manage the contractual relationship with the customer and services or activities related thereto. We also advise on the possibility of exercising, as set out in the regulations, rights of access, rectification, cancellation and objection by contacting us by email to : mail@francisbaconshop.com or write to us at the following address:
The Estate of Francis Bacon Online Shop
Urb. El Jardín I, 57
Espartinas, 41807 Seville
Spain
The Estate of Francis Bacon Online Shop compliance with the obligation to maintain the secrecy of personal data and its duty to keep it and take secure measures imposed by the existing legislation to prevent tampering, loss, or unauthorized access. Once the contractual relation terminates your data will be deleted as determined by Article 4.5 of the LO 15/1999, of Protection of Personal Data (Spanish data protection code).
Customers with their consent will receive announcements of new products and services at their email address. However, if you do not wish to receive this information you may revoke your consent at any time by notifying our customer services: mail@francisbaconshop.com
3. General Terms and Conditions
3.1 Information concerning goods offered for sale
The site provides the essential characteristics of the products offered for sale:
* Designation, composition, dimensions.
* Method of delivery.
* Price in Euros.
The photographs of the products offered are for illustration purposes only and cannot be considered as forming part of the contract.
The Estate of Francis Bacon Online Shop is not responsible for the lack of stock or the unavailability of products and reserves the right to modify, at any time and without notice the products presented on this site.
3.2 Contractual documents
The nature of the contract shall be established by the following documents, in decreasing order of priority:
* These General Terms and Conditions.
* The duly completed order form comprising the acceptance of the purchase and featuring the information required for the identification of the customer (surname, first name, postal addresses for delivery and invoicing, phone number, email address).
3.3 Acceptance of order
The order form, once validated by the customer, shall constitute an unconditional acceptance of these General Terms and Conditions, which can only be revoked in the circumstances outlined in the paragraphs "Returns" and "Fulfillment of orders". The automatic recording procedures used on the site shall be considered as providing valid proof of the contract and of the date when it was drawn up.
3.4 Confirmation by E-mail
Once you have confirmed your order and payment, an order confirmation with a transaction number will be sent by email. This confirmation includes all the components of the contract between the parties, order number, total order value including method of payment and the delivery of the order.of the order. If your choice of delivery is TNT Express, you will also receive a tracking number to check the delivery status of your order, once your order has been dispatched. If you choose CORREOS, you will receive an email to inform you that the order has been dispatched..
Confirmation of your order will signify acceptance of all Terms and Conditions of Sale.
3.5 Returns
The customer shall have a period of seven (7) working days from receipt of goods in which to return, with the agreement of customer services (by email: mail@francisbaconshop.com), any items that are not to his or her satisfaction.In exercising the customer’s right to return goods, the customer shall have the right to request the reimbursement of the cost of the good(s) initially purchased (without costs incurred in delivering the good). The responsibility for the return delivery costs lies with the customer. The refund of the purchase is made, in any case, upon receipt of the item. After checking the condition of the product, we will proceed to refund the amount in the same form in which they were purchased.
Items must be returned in their original packaging to ensure they are adequately protected in transit. Items must be returned new and unused. Returns that are damaged, soiled or altered will not be accepted and the customer will have to bear the cost to resend the item.
The Estate of Francis Bacon Online Shop may determine in its sole discretion whether the products are in original condition when returned.
The customer is responsible for proving that the goods have been returned, so they should be sent by registered mail or courier service.
Returns must be sent to the following address:
The Estate of Francis Bacon Online Shop
Urb. El Jardin I, 57
Espartinas, 41807 Seville
Spain
3.6 Fulfillment of orders
The order shall be fulfilled within no more than 30 days from its confirmation by the customer. In the event that the item ordered is unavailable, the customer shall be informed as soon as possible and offered the opportunity of cancelling the order. The customer will have the option of demanding repayment within no more than 30 days.
3.7 Deliveries
Delivery can only be made once the order has been validated by the customer and payment made. The Estate of Francis Bacon Online Shop reserves the right not to accept any orders from a customer with whom it is involved in litigation.
Orders shall be delivered to the address indicated by the customer on the order form, and the customer shall agree to accept the goods ordered. In the event of the premises being unoccupied at the time of delivery, a notice of inability to deliver shall indicate from where the package may be collected.
In the event of the goods delivered being faulty or other than those ordered, mail@francisbaconshop.com customer should inform customer services, who undertake to remedy the situation or reimburse the customer. Contact us: mail@francisbaconshop.com.
For deliveries outside the European Union, the receiver is responsible for all import duties, customs and local sales taxes imposed by the country to which the delivery has been sent.
3.8 Prices
Prices are given in Euros and include VAT but are exclusive of delivery charges, which are given on the order form. The total amount of your order includes shipping charges.
Prices shall be those in force on the day the order is placed. The Francis Bacon Online Shop operates from Spain so prices shall take account of the VAT in force on that day at the Spanish rate of 18%. Any change in the rate of VAT shall be automatically applied to prices.
The costs arising from import duties and customs taxes -in the countries outside the European Union - are not included in the price of the product. Tax free applies only to products purchased in a store and are transported by oneself.
The Estate of Francis Bacon Online Shop reserves the right to modify at any time and without notice, prices of products from the website francisbaconshop.com.
3.9 Methods of payment
The payment methods accepted by The Estate of Francis Bacon Online Shop are major credit cards and debit cards through Paypal. Paypal has proven to be a secure method of payment via Internet and in any case, all personal data and banking details shall be treated in strictest confidence.
3.10 Responsibility
Neither The Estate of Francis Bacon Online Shop nor the customer shall be deemed responsible for any failure to fulfill the terms of the contract caused by application of force majeure beyond their control including - but not to the exclusion of other factors - war, civil commotion, insurrection, disruption of communications, problems associated with import or export of goods, strikes, lock-outs, shortages, fire, earthquake, storms or floods.
Moreover, The Estate of Francis Bacon Online Shop shall not be held responsible for the consequence of the use or misuse of goods ordered and delivered, the customer being solely responsible for their use by himself, herself or a third party.
3.11 Intellectual property rights
The Estate of Francis Bacon Online Shop is the owner and/or licensee of all intellectual property rights in this site (including its layout, design and graphics), subject to the qualification mentioned in the next paragraph, in all materials published on it. Those works are protected by copyright and trademark laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal non-commercial use only and you may draw the attention of others within your organization to material posted on our site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way or create any derivative material from it.
Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged. If you print off, copy or download any part of our site in breach of these terms and conditions, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
3.12 Exclusion of liability
This site and the material displayed on it is provided on an "as is" basis without any guarantees or warranties of any kind, express or implied. To the extent permitted by law, we, our employees and third parties connected to us hereby expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it (including, without limitation any liability for loss of income or revenue, loss of business, loss of profits or contracts and loss of goodwill) and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
3.13 Law and Jurisdiction
The present conditions are governed by Spanish law. For the resolution of any question, dispute or disagreement that may arise in the implementation and interpretation of this Agreement, the parties submit to the Courts and Tribunals of the city of Seville.
4. The Estate of Francis Bacon Online Shop
Please direct any questions to: mail@francisbaconshop.com