PRIVACY – TERMS & CONDITIONS

Privacy   

When placing an order you are required to state your name, address, postal code, city, country and e-mail address. This data is required to confirm your order and to dispatch it to you, but also to provide customer service. This is why we also ask for your phone number. Pedro Pegenaute will only use your personal data for order confirmations, checking on payments and delivering your order only. Your personal data is protected by Spanish law.

TERMS AND CONDITIONS

1. In General
   Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
   Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
   
   2. Privacy Policy
   Our privacy policy, which sets out how we will use your information, can be found at Privacy Policy. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.
   
   3. Prohibitions
   You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offence under the Computer Misuse Act 1990. Pedro Pegenaute will report any such breach to the relevant law enforcement authorities and disclose your identity to them. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
   
   4. Intellectual Property, Software and Content
   The intellectual property rights in all software and content made available to you on or through this Website remains the property of Pedro Pegenaute or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by SunGoesDown and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise. You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by Pedro Pegenaute or its licensors.

5. Terms of Sale
   By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. 

Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to your localtion and any delays resulting from postal delays or force majeure for which we will not be responsible. In order to contract with Pedro Pegenaute you must be over 16 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Pedro Pegenaute retains the right to refuse any request made by you. If your order is accepted we will inform you by email. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. All prices advertised are subject to such changes.
   5.1 Our Contract 
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed. We will sent you the confirmation email on receipt of the confimation of your payment and no later than 5 working days hereafter.
   
   5.2 Pricing and Availability 
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. 

All prices are inclusive of VAT. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.
   5.3. Pedro Pegenaute´s photographs are delivered everywhere in the world, in secure packaging to protect works of art. The delivery period is 15 days from receipt of the order. Please contact us with any questions regarding shipping.
   If you received your artwork damaged we will replace it with a new print. We will cover the cost of the production and shipment from the laboratory to your residence. What we will need is proof of the damage and the destruction of the original print or the return of the entire damaged print, whichever is more convenient for you.
   5.4 Payment 
Upon receiving your order we carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfill the transaction. Goods will not be dispatched until this pre-authorisation check has been completed. Your card will be debited once the order has been accepted. .
   5.5 Right of Withdrawal 
If the consumer chooses to make use of the right of withdrawal, a period within which payments already made will be reimbursed. The consumer shall have a period of not less than seven days in which he may withdraw from the contract without penalty, without giving any reason; this term starts the day after receipt of the goods by the consumer. During this time, the consumer is obliged to treat the goods and packaging with care. If the consumer wishes to return the goods, it can be returned in the original form and including the original packaging, according to Pedro Pegenaute’s return policy. The consumer is not allowed to wear the goods other then for the purpose of fitting, until they have decided to not use the right of withdrawal.
   5.6 Costs for returning 
If the consumer chooses to make use of the right of withdrawal, the costs for returning the goods are paid by the consumer. When a consumer has made a payment for the goods, Pedro Pegenaute will reimburse this as soon as possible, and after 30 days after receiving the goods at the latest.
   
   6. Linking to this Website
   You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. 

You must not establish a link from any website that is not owned by you. 

This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
   
   7. Indemnity
   You agree to indemnify, defend and hold harmless Pedro Pegenaute, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
   
   8. Variation
   Pedro Pegenaute shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
   
   9. Invalidity
   If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
   
   10. Complaints
   We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
   
   11. Waiver
   If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
   
   12. Governing Law and Jurisdiction
   These terms and conditions are to be construed in accordance with the laws of Spain and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the Spanish courts.
    
   13. Entire Agreement
   The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and SunGoesDown.
   
   14. Identity of Pedro Pegenaute
   Pegenaute Studio S.L. registered office: C/ Felipe Gorriti, 6 Bajo
   CP 31004 Pamplona Navarra (Spain)
   E-mail: estudio@pedropegenaute.es
   VAT number B71064182