NEWSLETTER

Condiciones de contratación

INTRODUCTION

These general conditions apply to contracts for plans under the Friend of Es Baluard programme processed via the website www.esbaluard.org (hereinafter the “Website”) and constitute a contract between yourself (hereinafter the Client) and:

  • FUNDACIÓ ES BALUARD, MUSEU D’ART MODERN I CONTEMPORANI DE PALMA (hereinafter ES BALUARD)
  • Address: Plaça Porta de Santa Catalina, 10 Baluard de Sant Pere
  • Tax no.: G57223992

The following channels are at the Client’s disposal to send their requests, queries or complaints:

  • Website contact form
  • museu@esbaluard.org
  • (+34) 971908200
  • (+34) 971908203

Entering into contracts for plans under the Friend of Es Baluard programme implies full, unconditional agreement to the Legal Notice and Privacy Policy of the Website, together with the latest version of these general contractual conditions, notwithstanding any individual conditions which might apply in the process. We therefore recommend that you read these conditions before requesting or entering into a contract and every time you access our Website, as we reserve the right to change, modify, add to or delete parts of these general conditions at any time.

APPLICABLE LAW

These general conditions are subject to the stipulations of the General Contractual Conditions Act, Law 7/1988 of 13th April 1998, Legislative Royal decree 1/2007 of 16th November 2007 approving the rewritten text of the General Defence of Consumers and Users Act and other related laws, the Information Society and E-Commerce Act, Law 34/2002 of 11th July 2002 and, on a subsidiary basis, the Civil Code and the Commercial Code.

CLAUSES

Contracts for plans under the Friend of Es Baluard programme via the Website are subject to the following clauses:

  1. Declarations: The Client declares:
  2. They are of legal age and fully competent to enter into the contract, declaring that they understand all the conditions to be found on the Website.
  3. The details they supply are truthful and complete.
  4. The confirm the purchase made, i.e. the plan or plans they have chosen, invoicing and address details.
  5. Access to the Website: Access to this Website is on the Client’s responsibility.
  6. Contracts through the Website:

3.1. Each of the forms of contract for plans includes the benefits listed in accordance with the pricing conditions stipulated on the page describing the different plans. You must agree to these individual conditions together with these general conditions before entering into the contract.

3.2. The contract may be entered into validly in Spanish and in the other languages available on the Website. In the event of any discrepancy between the translated versions of these conditions, the Spanish version will take precedence.

3.3. After selecting the desired plan, the contract process on the Website follows these steps:

  1. Quantity: Specifies the number of units of the plan selected are to be contracted.
  2. Collecting personal details and agreeing to the general conditions.
  3. Request for card details and payment debited to the card via the POS system operated by RedSys (RedSys, Servicios de Procesamiento, S.L., with tax no. B-85955367 and place of business at c/Francisco Sancha, 12 – 28034 Madrid). The user will be temporarily and securely redirected to the bank’s website.
  4. Confirmation: Confirmation that the order has been processed correctly. Order confirmation will also be emailed to the address given by the Client.

3.5. At each step in the purchase process, any errors in entering data may be corrected using the “back” button in your browser. Also, the confirmation sent will recapitulate the purchase details. In the event that any errors are detected, Clients may request the pertinent corrections immediately by send an email to: museu@esbaluard.org.

  1. Price and payment:

4.1. The conditions, the price of the different plans under the Friend of Es Baluard programme and the methods of payment accepted are those expressly stated in the individual conditions available through the different steps in the contract process.

4.2. Unless specifically stated otherwise, the prices shown on the Website are prices for sale to the public, with VAT included.

4.3. The transaction will be conducted in EUROS, whatever the Client’s origin.

4.4. The prices do not include shipping costs.

4.5. Promotions and offers will only be valid for the time they are accessible to those to whom the service is addressed.

  1. Collection and delivery times:

5.1. All types of contract include only collection on the spot at ES BALUARD.

5.2. Plans contracted will be available from such time as the purchase is confirmed.

5.5. the products acquired will be delivered only to the person identified in the order.

 

  1. Right of withdrawal: For the purposes of the provisions of article 97.1.i) of Legislative Royal Decree 1/2007, you are informed that, in accordance with the stipulations of article 103 l) of the aforesaid Legislative Royal Decree, you do not have a right of withdrawal.
  2. Severance clause: If one or more of the clauses included in these conditions should be declared entirely or partially void or ineffective, this will only affect the said clause or part thereof that has been so declared, and the general conditions will subsist in all other respects, as if the said clause or part thereof were not present.
  3. Agreement: Entering into a contract for the plans available on this Website necessarily implies that you agree to each and every one of these general conditions, considered an integral part of the agreement.

9. Applicable law and competent forum: This contract is to be governed by Spanish law, with the exception of its rules on conflict of laws. Notwithstanding the rights pertaining to consumers in respect of jurisdictional competence under Legislative Royal Decree 1/2007 of 16th November 2007, any controversy that might arise over the use of the Website or of the services linked to it will be subject to the jurisdiction and competence of the Courts and Tribunals of Palma de Mallorca, and the Client explicitly waives any other jurisdiction that might pertain to them.