Terms and conditions

GENERAL CONDITIONS OF SALE

Richard Parker Oil Paintings

1. GENERAL INFORMATION

The owner of this website, 'Richard Parker Oil Paintings', (hereinafter Website) is Richard Parker, NIE and Tax ID number X-0612564-M, whose contact details are:

Address: Urbanización La Palmita, Fase 2B, 8 35480 Agaete, Gran Canaria, Spain

Telephone: 00 34 679 594 636

Email: richvparker@gmail.com

This document (as well as other documents mentioned herein) regulates the conditions governing the use of this Web Site (Richard Parker Oil Paintings) and the purchase or acquisition of products and / or services in the same (hereinafter, Conditions).

For the purposes of these Conditions, it is understood that the activity that https://www.richardparkeroilpaintings.com carries out through the Web Site includes:

Sale of original oil paintings on quality canvas, limited editions of prints, coasters, calendars and other merchandising derived from original oil paintings.

In addition to reading these Conditions, before accessing, browsing and/or using this website, the User must have read the Legal Notice and the General Conditions of Use, including the cookies policy and the privacy and data protection policy of https://www.richardparkeroilpaintings.com. By using this Website or by making and/or requesting the purchase of a product and/or service through it, the User agrees to be bound by these Conditions and by all of the above, so if you do not agree with all of the above, you should not use this Website.

Similarly, We also inform you that these Conditions may be modified. The User is responsible for consulting them each time they access, browse and/or use the Website, as those in force at the time of the purchase of products and/or services requested shall be applicable.

For any questions that the User may have in relation to the Conditions, they may contact the owner using the contact details provided above or, where appropriate, using the contact form.

2. THE USER

Access, browsing and use of the Website confers the condition of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), and therefore, from the moment browsing the Website begins, the User accepts all the Conditions established herein, as well as their subsequent modifications, without prejudice to the application of the corresponding legal regulations of obligatory compliance as the case may be.

The User assumes responsibility for the correct use of the Website. This responsibility shall extend to:

Making use of this Website only to make legally valid enquiries and purchases or acquisitions.
Not to make any false or fraudulent purchases. If such a purchase could reasonably be deemed to have been made, it may be cancelled and the relevant authorities will be informed.
Provide truthful and lawful contact details, e.g. email address, postal address and/or other details (see Legal Notice and General Conditions of Use).

The User declares that they are over 18 years of age and have the legal capacity to enter into contracts through this Website.

The User may formalise, at their choice, with https://www.richardparkeroilpaintings.com, the contract of sale of the desired products and/or services in any of the languages in which the present Conditions are available on this Website.

3. THE PURCHASING PROCESS

The may purchase from the Website by the means and in the manner set out above. They will have to follow the procedure of purchase and/or online acquisition of Richard Parker Oil Paintings, during which several products and/or services can be selected and added to the cart, basket or final purchase space and, finally, click on: "Add to cart".

Likewise, the User must fill in and/or check the information requested at each step, although, during the purchase process, before making the payment, the purchase details can be modified.

Subsequently, the User will receive an e-mail confirming that https://www.richardparkeroilpaintings.com has received their order or request for purchase and/or provision of the service, i.e. confirmation of the order. And, if applicable, the User will also be informed by e-mail when the purchase is being sent.

Once the purchase procedure has been completed, the User consents to the Website generating an electronic invoice that will be sent to the User by e-mail. Likewise, the User may, if he/she so wishes, obtain a paper copy of his/her invoice by requesting it from https://www.richardparkeroilpaintings.com using the contact spaces on the Website or via the contact details provided above.

The User acknowledges they are aware, at the time of purchase, of certain particular conditions of sale concerning the product and/or service in question and which are shown together with the presentation or, where appropriate, image of the same on its page on the Website, indicating, by way of example, but not exhaustively, and on a case-by-case basis: name, price, components, weight, quantity, colour, details of the products, or characteristics, the way in which they will be carried out and/or the cost of the services; and acknowledges that the placing of the purchase order or acquisition materialises the full and complete acceptance of the particular conditions of sale applicable to each case.

Communications, purchase orders and payments involved in transactions carried out on the Website may be archived and kept in the computerised records of https://www.richardparkeroilpaintings.com in order to constitute a means of proof of the transactions, in any case in compliance with reasonable security conditions and the applicable laws and regulations in force in this regard, and in particular in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) and Organic Law 3/2018, of 5 December, on the Protection of Personal Data and the guarantee of digital rights, and the rights of Users in accordance with the privacy policy of this Website.

4. PRODUCT AVAILABILITY

All purchase orders received by https://www.richardparkeroilpaintings.com through the Website are subject to the availability of the products and/or that no circumstance or force majeure (clause nine of these Conditions) affects the supply of the products and/or the provision of the services. In the event of difficulties in the supply of products or products not being in stock, https://www.richardparkeroilpaintings.com undertakes to contact the User and refund any amount that may have been paid by way of payment. This shall also apply in cases where the provision of a service becomes unfeasible.

5. PRICES AND PAYMENT

The prices displayed on the Website are the final prices, in Euros (€) and include taxes, unless otherwise indicated and applied by legal requirement, especially with regard to VAT.

Shipping costs are not included in the final prices of the products as shown on the Website. Thus, https://www.richardparkeroilpaintings.com performs delivery and/or shipping services through: Standard International Post (Post Office). The shipping costs are duly displayed in the relevant section at check out and vary, depending on the buyer’s address and the product purchased.

Under no circumstances shall the Website automatically add additional costs to the price of a product or service, but only those that the User has voluntarily and freely selected and chosen.

Prices may change at any time, but any changes will not affect orders or purchases in respect of which the User has already placed an order.

The accepted means of payment shall be: Credit or debit card.

The User may also pay all or part of the purchase price with a gift card and/or a credit card issued by https://www.richardparkeroilpaintings.com and/or Richard Parker.

https://www.richardparkeroilpaintings.com uses all means to ensure the confidentiality and security of the payment details transmitted by the User during transactions via the Website. As such, the Website uses a secure payment system SSL (Secure Socket Layer).

Credit cards shall be subject to checks and authorisations by the issuing bank. If the issuing bank does not authorise payment, https://www.richardparkeroilpaintings.com shall not be liable for any delay or non-delivery and will not be able to enter into any contract with the User.

Once https://www.richardparkeroilpaintings.com receives the purchase order from the User through the Website, a pre-authorisation shall be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The card shall be charged at the time the User is sent confirmation of shipment and/or confirmation of the service being provided in the manner and, where applicable, place established.

In any case, by clicking on "Add to cart" the User confirms that the payment method used is their own, or that, where applicable, they are the legitimate holder of the gift card or subscription card.

6. DELIVERY

In cases in which physical delivery of the contracted goods is required, deliveries shall be made within the following territory: Worldwide.

With the exception of those cases in which there are unforeseen or extraordinary circumstances or, where appropriate, arising from the personalisation of the products, the purchase order consisting of the products listed in each purchase confirmation shall be delivered within the period indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of the order confirmation.

If, for any reason, for which it is responsible, https://www.richardparkeroilpaintings.com is unable to meet the delivery date, it will contact the User to inform them of this circumstance and the User may choose to continue with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid. In any case, home deliveries are made on working days.

If it is impossible to deliver the order due to the User's absence, the order may be returned to the warehouse. However, the carrier will leave a notice explaining where the order is and how to have it redelivered.

If 30 days have elapsed since an order is available for delivery, and it has not been delivered for reasons not attributable to https://www.richardparkeroilpaintings.com, https://www.richardparkeroilpaintings.com will understand that the User may wish to withdraw from the contract and the contract may be deemed to be terminated. As a consequence of the termination of the contract, all payments received from the User shall be refunded, with the exception of the additional costs resulting from the User's own choice of a delivery method other than the least expensive ordinary delivery method offered by the Website, without any undue delay and, in any case, within a maximum period of 14 calendar days from the date on which the contract is deemed to be terminated.

Notwithstanding the above, the User must bear in mind that the transport derived from the resolution may have an additional cost that may be charged to the User.

For the purposes of these Conditions, it shall be understood that delivery has taken place or that the order has been delivered at the moment in which the User or a third party indicated by the User acquires material possession of the products, which shall be accredited by the signature of the receipt of the order at the agreed delivery address.

Any risks that may arise from the products shall be borne by the User from the moment of delivery. The User acquires ownership of the products when https://www.richardparkeroilpaintings.com receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if this takes place after full receipt of the amount paid by https://www.richardparkeroilpaintings.com.

In accordance with the provisions of Law 37/1992 of 28 December 1992 on Value Added Tax (VAT), purchase orders for delivery and/or service shall be understood to be located in the territory of application of Canary IGIC Tax if the delivery address is in the Canary Islands, territory except for Spanish Mainland, Ceuta and Melilla. The applicable IGIC rate shall be that legally in force at any given time depending on the specific article in question.

7. TECHNICAL MEANS FOR CORRECTING ERRORS

The User is informed that in the event that they detect that an error has occurred when entering the data necessary to process their purchase request on the Website, they may modify them by contacting https://www.richardparkeroilpaintings.com through the contact spaces provided on the Website, and, where appropriate, through those provided for contacting customer service, and/or using the contact details provided in the first clause (General Information). Likewise, this information may also be corrected by the User through their personal connection space on the Website.

In any case, the User, before clicking on "Add to cart", has access to the space, cart, or basket where their purchase requests are recorded and can make modifications.

Equally, the User is referred to consult the Legal Notice and General Conditions of Use and, in particular, the Privacy Policy for more information on how to exercise their right of rectification in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (RGPD) and Organic Law 3/2018 of 5 December on the Protection of Personal Data and guarantee of digital rights.

8. RETURNS

In cases where the User purchases products on or through the Website, the User is entitled to a series of rights, as listed and described below:

Right of withdrawal

The User, as a consumer and user, makes a purchase on the Website and therefore has the right to withdraw from the purchase within 14 calendar days without giving any reason.

This withdrawal period will expire 14 calendar days after the day on which the User or a third party authorised by the User, other than the carrier, acquires material possession of the goods purchased on the https://www.richardparkeroilpaintings. com Website, or in the event that the goods making up the order are delivered separately, 14 calendar days from the day on which the User or a third party authorised by the latter, other than the carrier, acquired material possession of the last of these goods making up the same purchase order, or in the case of a service contract, 14 calendar days from the day on which the contract was concluded.

To exercise this right of withdrawal, the User must notify their decision to https://www.richardparkeroilpaintings.com. This may be done, where appropriate, through the contact spaces provided on the Website.

The User, regardless of the means chosen to communicate their decision, must clearly and unequivocally express that it is their intention to withdraw from the purchase contract.

In order to meet the withdrawal deadline, it is sufficient that the communication unequivocally expressing the decision to withdraw is sent before the expiry of the withdrawal period.

In the event of withdrawal, https://www.richardparkeroilpaintings.com will reimburse the User for all payments received, including shipping costs (with the exception of the additional costs chosen by the User for a shipping method other than the least expensive method offered on the Website) without undue delay and, in any event, no later than 14 calendar days from the date on which https://www.richardparkeroilpaintings.com is informed of the User's decision to withdraw.

https://www.richardparkeroilpaintings.com will reimburse the User using the same payment method used by the User to make the initial purchase transaction. This refund will not generate any additional cost to the User. However, https://www.richardparkeroilpaintings.com may withhold such reimbursement until it has received the products or items of the purchase, or until the User provides proof of their return, depending on which condition is met first.

The User may return the products to https://www.richardparkeroilpaintings.com at: Urbanización La Palmita, Fase 2B, 8. 35480 Agaete, Gran Canaria, Spain.

This must be done without any undue delay and, in any case, at the latest within 14 calendar days from the date on which https://www.richardparkeroilpaintings.com was informed of the decision of withdrawal.

The User acknowledges that they are aware that they shall bear the direct cost of returning the goods (transport, delivery), should any be incurred. Furthermore, they shall be liable for any diminished value of the products resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods.

The User acknowledges that there are exceptions to the right of withdrawal, as stated in article 103 of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws. By way of example, and not exhaustively, this would be the case of: personalised products; products that may deteriorate or expire quickly; music or video CDs/DVDs without their packaging, as sealed at the factory; products that for reasons of hygiene or health are sealed and have been unsealed after delivery.

The same applies to the provision of a service that the User may contract on this Website, as this same Law establishes that Users will not have the right of withdrawal when the provision of the service has been fully executed, or when it has begun, with the express consent of the consumer and user and with the acknowledgement on their part that they are aware that, once the contract has been fully executed by https://www.richardparkeroilpaintings.com, they will have lost their right of withdrawal.

In any case, no refund will be made if the product has been used beyond the mere opening of the same, of products that are not in the same condition in which they were delivered or that have suffered any damage after delivery.

Similarly, the products must be returned using or including all their original packaging, instructions and other documents that may accompany them, as well as a copy of the purchase invoice.

You can download the Model Cancellation Form at the following link: https://www.richardparkeroilpaintings.com/cancellationform.

8. RETURNS

In cases where the User purchases products on or through the Website, the User is entitled to a series of rights, as listed and described below:

Right of withdrawal

The User, as a consumer and user, makes a purchase on the Website and therefore has the right to withdraw from the purchase within 14 calendar days without giving any reason.

The User, regardless of the means chosen to communicate their decision, must clearly and unequivocally express that it is their intention to withdraw from the purchase contract.

In order to meet the withdrawal deadline, it is sufficient that the communication unequivocally expressing the decision to withdraw is sent before the expiry of the withdrawal period.

The User may return the products to https://www.richardparkeroilpaintings.com at: Urbanización La Palmita, Fase 2B, 8. 35480 Agaete, Gran Canaria, Spain.

Similarly, the products must be returned using or including all their original packaging, instructions and other documents that may accompany them, as well as a copy of the purchase invoice.

You can download the Model Cancellation Form at the following link: https://www.richardparkeroilpaintings.com/cancellationform.

Return of faulty products or delivery error

This applies to all those cases in which the User considers that, at the time of delivery, the product does not conform to what was stipulated in the contract or purchase order, and should therefore contact https://www.richardparkeroilpaintings.com immediately and inform them of the existing non-conformity (defect/error) by the same means or using the contact details provided in the previous section (Right of Withdrawal).

The User will then be informed on how to proceed with the return of the products, and these, once returned, shall be examined and the User shall be informed, within a reasonable period of time, whether a refund or the replacement of the product is appropriate.

The refund or replacement of the product shall be made as soon as possible and, in any case, within 14 days from the date on which we send you an email confirming that a refund or replacement of the non-conforming item is appropriate.

The amount paid for products that are returned because of a defect, where such a defect actually exists, shall be refunded in full, including delivery costs and any costs incurred by the User in making the return. The refund shall be made by the same means of payment that the User used to pay for the purchase.

In any case, the rights recognised in the legislation in force at any given time for the User, as a consumer and user, shall apply at all times.

Guarantees

The User, as a consumer and user, is granted guarantees on the products that can be purchased through this Website, in the terms legally established for each type of product, responding https://www.richardparkeroilpaintings.com, therefore, for the lack of conformity of the same that is manifested within a period of two years from delivery of the product.

In his regard, it is understood that the products are in conformity with the contract provided that: they conform to the description made by https://www.richardparkeroilpaintings.com and possess the qualities presented therein; they are suitable for the uses to which products of the same type are normally intended; and they present the usual quality and performance of a product of the same type and that they are fundamentally to be expected of the same. When this is not the case with regard to the products delivered to the User, the User must proceed as indicated in the section Return of defective products or delivery errors. However, some of the products marketed on the Website may present non-homogeneous characteristics as long as these derive from the type of material from which they have been manufactured, and which shall therefore form part of the individual appearance of the product, and shall not be considered a defect.

9. EXEMPTION OF LIABILITY

Unless otherwise provided by law, https://www.richardparkeroilpaintings.com accepts no liability for the following losses, irrespective of their origin:

Any losses that were not attributable to any breach by him;
business losses (including loss of business profits, revenue, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred); or
any other indirect loss which was not reasonably foreseeable by both parties at the time the contract for the sale and purchase of the goods was made between them.

Equally, https: www.richardparkeroilpaintings.com also limits its liability in the following cases:

https://www.richardparkeroilpaintings.com applies all measures possible to provide a faithful display of the product on the Website, however it is not responsible for the slightest differences or inaccuracies that may exist due to lack of screen resolution, or problems of the browser being used or other problems of this nature.
https://www.richardparkeroilpaintings.com will act with the maximum diligence in order to make available to the company in charge of the transport of the product object of the purchase order. However, it is not responsible for damages arising from a malfunction of the transport, especially for reasons such as strikes, road delays, and in general any others typical of the sector, resulting in delays, loss or theft of the product.
Technical failures that, due to fortuitous or other causes, prevent the normal operation of the service via the Internet. Lack of availability of the Website due to maintenance or other reasons, which prevents the availability of the service. https://www.richardparkeroilpaintings.com puts all the means at its disposal in order to carry out the process of purchase, payment and shipping/delivery of the products, however is exempt from liability for causes that are not attributable to it, fortuitous event or force majeure.
https://www.richardparkeroilpaintings.com shall not be held responsible for the misuse and/or wear and tear of the products that have been used by the User. At the same time, https://www.richardparkeroilpaintings.com shall not be held responsible for an erroneous return made by the User. It is the responsibility of the User to return the correct product.
In general, https://www.richardparkeroilpaintings.com shall not be liable for any failure or delay in the performance of any of its obligations where such failure or delay is due to events beyond its reasonable control, i.e. due to force majeure, which may include, but is not limited to, the following:
- Strikes, lockouts or other industrial action.
- Civil commotion, riots, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparation for war.
- Fire, explosion, storm, flooding, earthquake, subsidence, epidemic or any other natural disaster.
- Impossibility of the use of trains, ships, aircraft, motor transport or other means of transport, public or private.
- Impossibility of using public or private telecommunications systems.
- Acts, decrees, legislation, regulations or restrictions of any government or public authority.

Accordingly, Thus, the obligations will be suspended for the period during which the force majeure continues, and https://www.richardparkeroilpaintings.com will have an extension of time to fulfil them for a period of time equal to the duration of the force majeure. https://www.richardparkeroilpaintings.com will use all reasonable means to find a solution that will allow it to fulfil its obligations despite the force majeure.

10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS

By using this Website, the User accepts that most communications with https://www.richardparkeroilpaintings.com will be electronic (e-mail or notices published on the Website).

For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications sent electronically by https://www.richardparkeroilpaintings.com comply with the legal requirements of being in writing. This condition shall not affect the rights recognised by law to the User.

The user User may send notifications and/or communicate with https://www.richardparkeroilpaintings.com through the contact details provided in these Conditions and, where appropriate, through the contact spaces on the Website.

Likewise, unless otherwise stipulated, https://www.richardparkeroilpaintings.com may contact and/or notify the User by e-mail or at the postal address provided.

11. WAIVER

No waiver by https://www.richardparkeroilpaintings.com of any specific legal right or remedy or failure by https://www.richardparkeroilpaintings.com to require strict performance by the User of any of its obligations shall constitute a waiver of any other right or remedy arising from a contract or the Terms, or relieve the User of any of its obligations.

No waiver by https://www.richardparkeroilpaintings.com of any of these Conditions or of any rights or remedies under any contract shall be effective unless it is expressly stated to be a waiver and is formalised and communicated to the User in writing.

12. NULLITY

If any of these Conditions are declared null and void by a final decision of a competent authority, the remaining clauses shall remain in force, without being affected by such declaration of nullity.

13. COMPLETE AGREEMENT

These Terms and Conditions and any document expressly referred to therein constitute the entire agreement between the User and https://www.richardparkeroilpaintings.com in relation to the subject matter of the sale and purchase and supersede all prior agreements, understandings or promises made orally or in writing by the same parties.

The User and https://www.richardparkeroilpaintings.com acknowledge that they have consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except for what is expressly mentioned in these Conditions.

14. DATA PROTECTION

The information or data of a personal nature that the User provides to https://www.richardparkeroilpaintings.com in the course of a transaction on the Website shall be processed in accordance with the provisions of the Privacy Policy or data protection policy (contained, where applicable, in the Legal Notice and General Conditions of Use). By accessing, browsing and/or using the Website, the User consents to the processing of such information and data and declares that all the information or data provided are truthful.

15. APPLICABLE LAW AND JURISDICTION

Access to, browsing and/or use of this Website and contracts for the purchase of products through it shall be governed by Spanish law.

Any controversy, problem or disagreement arising from or related to the access, browsing and/or use of the Website, or to the interpretation and execution of these Conditions, or to the sales contracts between https://www.richardparkeroilpaintings.com and the User, shall be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.

16. COMPLAINTS AND CLAIMS

The user may send their complaints, claims or any other comments they wish to make to https://www.richardparkeroilpaintings.com using the contact details provided at the beginning of these Terms and Conditions (General Information).

In addition, https://www.richardparkeroilpaintings.com has official complaint forms available to consumers and users, which they can request from https://www.richardparkeroilpaintings.com at any time, using the contact details provided at the beginning of these Conditions (General Information).

Similarly, if a dispute arises from the conclusion of this purchase contract between https://www.richardparkeroilpaintings.com and the User, the User as a consumer may request out-of-court dispute resolution in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013 on the settlement of consumer disputes online and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. You can access this method via the following website: https://ec.europa.eu/consumers/odr/.

This General Terms and Conditions of Purchase document has been created by the online general conditions of sale template generator of 17/07/2021.