1. Scope of Application
This document establishes and regulates the rules of use for the website https://jimenadevries.com (hereinafter the "Site"), and includes all pages and content owned by Jimena de Vries accessed through the domain and its subdomains, as well as the general terms and conditions of sale from our online store.
The use of the Site grants the status of User and implies the acceptance of all conditions included in this text. The User undertakes to read it carefully on each occasion they intend to use the Site, as it may undergo modifications without prior notice and without any limitation. These texts will always be available for review by the User.
The use of our online store, whether as a visitor or a registered member, and/or following the steps provided to purchase products through it, implies the full and unreserved adherence of the User to each and every one of the general conditions published on the website.
These Conditions shall apply from the start of the online purchase procedure until the receipt of the shipment, as well as until the end of the withdrawal periods and legally established warranties, as applicable.
2. Website Ownership and Notifications
Any notification or contact should be directed to the owner of the website, Jimena de Vries.
Address: Urbanización Sueño Azul 44, C.P. 29790, Benajarafe, Spain.
NIF (Tax ID): X3115377G.
Email: hello@jimenadevries.com
3. Intellectual and Industrial Property
The intellectual property rights of this Site are owned by Jimena de Vries. Likewise, all trademarks or distinctive signs contained on the Site are protected by law.
The unauthorized use of the information contained on the Site, or the unauthorized reproduction, distribution, commercialization, or transformation, in whole or in part, of its contents, constitutes an infringement of the intellectual property rights of Jimena de Vries. Damages caused to intellectual and industrial property rights may lead to the exercise of corresponding legal actions and, if applicable, the liabilities derived from such exercise.
As the products in our online store are eligible for Intellectual Property protection, Jimena de Vries guarantees she is authorized to manage the acquisition and collection of the product from the consumer.
4. Disclaimer
The customer must evaluate the content, programs, information, and/or advice expressed on this Site and make their own purchasing or contact decisions. We reaffirm that we will implement all convenient security measures, according to the current state of the art, to prevent third parties from making fraudulent use of the website; however, we cannot 100% guarantee the absence of certain risks.
Furthermore, we will ensure our content is accurate and unambiguous, avoiding typographical errors in our offers or services. If detected, they will be corrected as soon as possible, notifying customers if a purchase was made involving an error.
We may publish content or services provided by third parties or companies, provided we have performed the relevant checks and the content is truthful, accurate, and in accordance with current regulations. We advise users to act with caution and consult the general conditions of such websites.
Despite implementing all necessary security measures, our responsibility is one of means, not of results; therefore, we cannot guarantee the absence of viruses or other elements on the web that may cause alterations to your computer system. Consequently, as we provide all means at our disposal, we decline any contractual or non-contractual liability toward users of the Site for damages of any nature caused by computer viruses or other elements: the party responsible for the attack shall be liable. If you detect any problem or unlawful content on our website, please let us know.
Users who submit any type of information to Jimena de Vries commit to its veracity and ensure it does not violate any third-party rights or current legality.
5. Terms of Use for Users
Access will always be free of charge, except for the cost of the connection through the telecommunications network supplied by the access provider contracted by the user.
It is prohibited to use the Site for purposes harmful to the property or interests of Jimena de Vries or third parties, or that in any other way overload, damage, or disable our networks, servers, and other computer equipment (hardware) or computer products and applications (software), or those of third parties.
If the User becomes aware that linked sites refer to pages whose contents or services are illegal, harmful, degrading, violent, or contrary to morality, we would appreciate it if you would inform us.
6. Product Description and Liability
Through the portal https://jimenadevries.com, consumers or users can purchase products. These are categorized; upon selecting one, the available information regarding its characteristics, uses, and price appears on the screen, along with one or more descriptive photographs. Before contracting, the User must verify and assess whether it meets their needs. Technical assistance, after-sales services, and other commercial guarantees may also appear if they exist.
Customized orders can be made at Jimena de Vries via the portal or social media. Once the order is accepted, a 50% advance payment is required. Jimena de Vries will send the first and second sketches free of charge; if a third sketch is necessary, a payment percentage stipulated by both parties will apply.
Users must be at least 16 years of age, provide the necessary data, and accept these Conditions.
7. Purchase Procedure
Jimena de Vries uses Etsy as a service provider for the sale of her art online. Once a consumer is interested in a product and goes to the store, they are directed to: https://www.etsy.com/shop/JimmiauArt. On the screen, the user can view the breakdown of product characteristics: estimated delivery, payment methods, shipping costs, etc., or in the "Shop Policies" section.
The customer must follow the on-screen instructions and add products to the cart without any purchase commitment. The cart can be viewed or emptied.
To proceed with the purchase, the customer must accept the order via the order button, accepting the legal notice, terms, and any specific conditions the item may have in its description.
Subsequently, if not previously provided, the customer will be asked for personal information (fields marked with an asterisk are mandatory). Prior registration is not required. The customer can verify and correct data before completion.
Clicking the "Pay" button entails a purchase with an obligation to pay. Filling out the order form on Etsy does not imply automatic acceptance of the order by Jimena de Vries (see liability section).
The contract ends once the good is delivered, though warranties and data are maintained for legal and commercial reasons. We shall not be liable for any other type of damages, whether actual, indirect, or otherwise, nor for loss of profit.
Jimena de Vries shall not be responsible for delays or inaccurate publications resulting from circumstances beyond her control, including but not limited to governmental action, fire, flood, insurrection, earthquake, technical failure, hacking, riot, explosion, embargo, strike, shortage of personnel or material, or transportation interruptions.
8. Delivery Times
Delivery times vary depending on the destination and are specified in the product breakdown. We ship to Spain and the EU. Shipping to Spain is free; for other EU countries, please select the corresponding option to check costs. We recommend verifying the product upon receipt.
9. Price and Payment Method
Prices are defined in Euros and remain valid while accessible on the website. Payment methods are regulated by Etsy’s own terms of use. Etsy processes payments on its SSL-encrypted secure platform. Shipping costs are displayed separately and must be accepted before formalizing the order. Generally, Etsy will send a payment confirmation via email.
10. Warranty
The warranty for products is three years from the date of receipt. For second-hand products, it is one year. The warranty entitles the user to repair, replacement, price reduction, or contract termination. During the six months following the delivery of a repaired product, we will be liable for any lack of conformity that led to the repair.
11. User Obligations
Commercial use of trademarked products is expressly prohibited without authorization. The User is obliged to pay the price and use the product in accordance with the law and these general conditions. Users must maintain password confidentiality and notify us of any unauthorized use.
12. Obligations of Jimena de Vries
She undertakes to provide the necessary product information and, for custom orders, send an email confirmation of acceptance and advance payment. An invoice will be prepared; an electronic version can be requested via contact.
13. Right of Withdrawal
If you are not satisfied, you have the right to withdraw from the contract within 14 calendar days from the day you or a third party received the goods.
Exceptions to the right of withdrawal:
Goods made to the consumer's specifications or clearly personalized.
Sealed goods that are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
Once the products are received, we will refund the principal amount and original shipping costs; however, return shipping costs shall be borne by the customer. The consumer is responsible for any diminished value of the goods resulting from handling other than what is necessary to establish their nature.
To exercise this right, you may use any legally admissible means or the provided form. We will refund the money within a maximum of 14 days using the same payment method.
14. Responsibilities
The User is fully responsible for their use of the products and exonerates us from liability for damages caused by incorrect use. This includes acts contrary to law, morality, or the provided instructions, and the accuracy of data provided.
15. Right to Refuse an Order
Jimena de Vries reserves the right to refuse a purchase if it violates regulations, morality, or the website's reputation. In such cases, if payment was made, it will be refunded.
16. Information and Modification
These conditions are valid as long as they are displayed. The User is obliged to consult the Terms and Conditions each time they access the online store. If any clause is declared null, it shall not affect the rest.
17. Assignment and Subrogation
We may contract service providers or assign contracts to third parties to fulfill the supply of products. An updated list of collaborators is available in our Privacy Policy.
18. Termination and Resolution
The contract terminates when both parties fulfill their obligations or if resolved due to a serious breach by either party.
19. Applicable Law, Jurisdiction, and Validity
This Legal Notice is established in Spanish and governed by Spanish legislation. As a consumer, you may claim from your place of residence. Both parties submit to the Courts of Benajarafe (Spain), expressly waiving any other jurisdiction, in cases where the buyer is outside the EU (without a bilateral treaty) or is a business entity.
20. Limitation and Lack of Conformity
The consumer has up to five years to exercise their rights regarding non-conformity and two years to notify us of a lack of conformity.
21. Online Dispute Resolution (ODR)
In accordance with EU Regulation 524/2013, the EU Online Dispute Resolution platform is available at: http://ec.europa.eu/consumers/odr/
22. Document Download
To download this text or the withdrawal form, contact hello@jimenadevries.com.
Withdrawal Form Model
(Complete and return this form only if you wish to withdraw from the contract)
To the attention of: Jimena de Vries - Returns Dept. Address: Urbanización Sueño Azul 44, C.P. 29790, Benajarafe, Spain.
I, Mr./Ms. ________________________________, residing at ________________________________ (full address), phone number ______________________, and email __________, hereby notify you that I withdraw from my sales contract for the following good ___________________________________________ ordered on (date DD/MM/YY) // and received on (date DD/MM/YY) //.
In (City)______________________ on (day) _________ (month) _______________ (year) 20___.
Signed: ___________________________________________