Terms and conditions

GENERAL TERMS AND CONDITIONS OF SALE

By placing and confirming an order with this e-shop, you (the customer) automatically accept these terms and conditions, which will govern the relationship between you and Museo Carmen Thyssen Málaga (hereinafter "the Museum").

The trading details of the Museum are as follows:

Museo Carmen Thyssen Málaga, with registered office at Calle Compañía no. 10, postcode 29008, Málaga, Spain, and corporate tax number (C.I.F.) G93003150. The Museum was entered in section two, "Cultural, Civic and Sport Foundations", of the Foundations Register of Andalusia under number MA1248 in the year 2010.

You may contact the Museum by phone on +34 952214682 or by email at info@carmenthyssenmalaga.org with any doubts or queries you may have about these terms and conditions. By accepting the contract, you declare that:

  • You have the legal capacity to enter into binding agreements under applicable Spanish law.
  • You have read and expressly accept all of these General Terms and Conditions (hereinafter "General T&C").

1. Scope

These General T&C will govern the commercial relationship established between you and the Museum for the purpose of placing orders, using services, making purchases or requesting the products or services which the website owner offers via the same. The services and products are offered via the website assigned to the domain nametienda.carmenthyssenmalaga.org, and the Museum accepts no responsibility for any purchase made outside this website.

2. Acceptance and applicability of the General T&C

These terms and conditions may be modified, as indicated herein, and the version of these T&C in effect at the moment of acceptance will therefore be valid and applicable to the relationship established with you. The present clauses will come into effect at the moment the contract is formalised, in accordance with the provisions of Law 34/2002.

3. Product Information

Each product offered on the website is accompanied by a description of its characteristics. If you would like additional information on the same, you can request it by writing to tienda.pedidos@carmenthyssenmalaga.org or the contact email provided above.

4. Availability

Product stock is limited, and the fact that a product appears on the website does not imply immediate availability. If the requested products are not available, the Museum will order them from the distributor and advise you of the situation in the message confirming receipt of your order.

5. Method of Purchase

The Museum has established the following procedure for purchasing products via its website.

Shopping cart

Once you have found the items you wish to purchase, click on the "Add to cart" option to bring up the shopping cart window. When you are done adding items to the cart, open the SHOPPING CART window again and click on PLACE ORDER.

On the SHOPPING CART page, you will be able to review and modify your order as necessary, change the number of items, remove products from the cart, or proceed to check-out by clicking on PLACE ORDER.

To conclude your purchase, you must choose to either continue as a GUEST CUSTOMER or register by creating a customer account. Both options require you to provide your first and last names and an email address. If you want the order to be delivered to your door, you must complete the SHIPPING ADDRESS fields.

Payment and shipping information

You must choose between HOME DELIVERY or COLLECT AT SHOP.

HOME DELIVERY times:

Normal delivery times, from the moment an order leaves our warehouse, are as follows:

Shipments to mainland Spain and Balearic Islands: 4-5 business days

Shipments to Canary Islands: 5-7 business days

International shipments: 6-8 business days

Shipments will always be dispatched on the next business day after the date of purchase, or on the same day if the order is placed before 12 noon local time (GMT +1).

Delivery times may be affected by circumstances beyond the control of the Foundation or the delivery service, such as strikes, weather-related incidents, public disturbances, traffic accidents, etc. The Foundation accepts no liability for such delays. Nevertheless, in the event that an order is lost or damaged in transit, the Foundation will dispatch a new order at no additional cost to you, in the same conditions as the original order.

International regulations

Customs charges and import tariffs applicable in countries outside the European Union are not included in the product price.

Under international shipping regulations, the sender is required by law to send three copies of an official invoice with all dispatched parcels; no international shipment may be processed without this documentation. The invoice is used by customs officials in the destination country to calculate the charges or taxes payable on arrival. When your parcel arrives, and if so notified by the abovementioned authorities, you will be responsible for disbursing any and all amounts payable on the shipment.

If you choose the COLLECT AT SHOP option: As soon as you receive confirmation that your order has been received, you may come to collect it at the Museo Carmen Thyssen Málaga Shop, located in Plaza Carmen Thyssen s/n, Málaga. Orders may be collected from Tuesday to Sunday between 10 am and 8 pm.

Before confirming payment, you must accept the legal terms and conditions of the purchase.

Payment confirmation

Once all the details of your purchase have been brought up on screen, you must review them and choose one of two options:

- EDIT, which will allow you to modify the information previously entered

- CONFIRM the purchase 

Purchase details

Summary and details of the purchase made, with all applicable shipping costs and discounts.

Completing the order

Once you have filled in all necessary fields, and if you have no further comments to make, select the button beside the desired payment method to generate the order. At this point, you can still choose not to complete the purchase by clicking on "EDIT". If, however, you wish to complete the purchase, click on "CONFIRM ORDER"; only then will the order be sent. Once payment has been processed, you will be able to view your purchase information on screen and track your order. You will also receive a confirmation email.

 6. Payment Methods

 The Museum e-shop accepts the following methods of payment: VISA, American Express, Mastercard, Diners Club and JCB credit cards and PayPal.

7. Product Availability and Order Confirmation

Information on product availability, which appears in the detailed description of each item, is subject to change without prior notice, depending on customer demand and supplier inventories.

When you place an order, we will send you a confirmation email and notify you if the availability of any of the items you ordered has changed. If you detect any errors or discrepancies with regard to prices, shipping details or payment method, please notify us immediately by writing to tienda.pedidos@carmenthyssenmalaga.org.

8. Product Prices

All prices shown on the website are applicable while supplies last. If a product is not immediately available, the Museum will check with the supplier before confirming its availability.

The unit prices of each product include VAT and all other applicable taxes.

If an invoice is issued, the amount reflected on it must be identical to the amount shown on the online purchase confirmation or reservation that the Museum sent to you. In the event of discrepancy, the valid amount will be that shown on the document confirming your reservation or purchase made via tienda.pedidos@carmenthyssenmalaga.org.

9. Cancelling Orders

The Museum reserves the right to cancel any orders containing typographic or arithmetical errors or an incomplete/inaccurate shipping address that may make it difficult to deliver the items properly.

If you wish to cancel an order that has not yet been dispatched, you may do so by sending an email to tienda.pedidos@carmenthyssenmalaga.org with the number of the order to be cancelled. Once an order has been dispatched, it cannot be cancelled.

10. Terms of Delivery

Each of the shipping options we offer entail different costs and delivery methods. The delivery times indicated reflect the time in transit, not the time it takes to process an order.

Delivery times of different shipping options vary depending on the destination country and the selected delivery method.

11. Guarantee

(a) Except where stated otherwise in these General T&C, the Vendor guarantees that the products it offers are:

1. Free of material and manufacturing defects or deterioration during the guarantee period established by the product manufacturer or, if none is specified, for a period of 6 (six) months from the date of sale.

2. Capable of serving the purpose for which they were made during the guarantee period established by the product manufacturer or, if none is specified, for a period of 6 (six) months from the date of sale.

(b) This is the only guarantee offered by the Vendor, which will not accept claims for any other guarantee related to the products sold. This guarantee is non-transferable and applies solely to products sold by the Vendor to the Buyer.

(c) These terms are only applicable if the Buyer notifies the Vendor of any defects detected in the product within six months of the date on which said product was sent, if the Vendor authorises its return to examine the product and if, after the examining the item, the Vendor concludes that the defects are not the result of using the product, that said product has been returned in the conditions stated above, that it has not been repaired or modified in any way, and that it has not suffered an accident or been misused, and if the Vendor ultimately determines that the existing defect is attributable to causes prior to the product's delivery to the Buyer.

(d) All products that the Buyer considers defective must only be returned with the Vendor's prior authorisation, and the Buyer must cover all shipping, customs and other costs and accept the risk of loss or mishandling of any returned products.

(e) If, after inspecting the product, the Vendor concludes that there is not sufficient cause for reimbursement, replacement or substitution in the form of vouchers, the product will be held for the Buyer at the Vendor's offices and may be returned if the Buyer agrees to pay the packing and shipping costs. Additionally, in such cases, if the Vendor incurred any other expenses as a result of the inspection or return process, the Vendor may seek compensation from the Buyer before returning the inspected product/s to the latter.

(f) The destruction, damage or confiscation by third parties of products acquired by the Buyer after these have been sent by the Vendor due to causes beyond the latter's control will be covered by the insurance terms of the chosen delivery method, as applicable, and in no case will the Vendor be held liable for such circumstances.

12. Returns

The Museum hereby informs you that, as a consumer, you may exercise your right of withdrawal, as long as the purchased products are not included in the categories specified in Article 45 of the Law on Retail Commerce Regulation, in the manner described below.

The Museum will accept all returns made within the stipulated timeframe (15 business days from the date the item is received), as long as the products are in perfect condition and in their original packaging. Once the returned item has been received, the Museum will verify its condition before refunding the cost.

If an item is received in poor condition, you may return it and the Museum will refund the full cost of the same (product price and shipping costs); in any case, said refund will fully discharge the Museum from all liability.

Returns or claims may be directed to the address indicated at the top of these terms and conditions.

13. Order Claims

The Museum informs you that you can consult the status of your order at any time by following the link on the website's home page: click on MY ACCOUNT, and then go to MY ORDER HISTORY AND DETAILS. If you do not receive your order within the specified delivery time, please contact us and we will immediately file a claim with the shipping company or courier service.

14. Protection of Personal Data

In compliance with the provisions of Organic Law 15/1999 on Personal Data Protection, you are hereby informed that the personal information provided by completing any form on the tienda.carmenthyssenmalaga.org site or by sending an email to any of our addresses will be kept strictly confidential and will be entered in a computerised database owned by the Museum, for the purpose of handling and responding to your requests, managing the commercial relationship between you and the Museum, and sending you information by email about sales made by the Museum, delivery of your orders, and special offers we believe might interest you.

The Museum assumes that the personal information provided about yourself by you or persons authorised by you is true and correct.

Registered users are responsible for updating their own personal details.

Registered users may exercise their right to access, correct, cancel or challenge the use of their personal information at any time. To exercise these rights (and especially to cancel a user account), registered users must send a written request to the Director of Communications at the email address info@carmenthyssenmalaga.org.

In compliance with the laws in force on data protection, the Museum has created adequate security levels for the information provided by registered users, and it has also taken all steps and measures within its power to prevent the loss, misuse, alteration, unauthorised access and extraction of the same.

 15. Limitation of Liability

(a) The Vendor will not be obligated to satisfy any claims for products that are lost, delayed or damaged as a result of force majeure or causes beyond the Vendor's effective control, including but not limited to delays attributable to the shipping agent, strikes, fire, terrorist acts, war or earthquakes.

(b) The Vendor's liability for breach of contract or the terms of this document will be limited to repairing or replacing the products proved to be defective or, if repair or replacement is not a viable option or at the Vendor's discretion, to refunding the purchase price of said products. In no case will the Vendor be held liable for any expenses incurred by the Buyer for the purpose of purchasing a replacement or repairing the defective product. Moreover, the Vendor will not be liable for other damages suffered by the Buyer or by third parties, including but not limited to lost profits.

 16. Severability

If any clause in these General T&C is declared unenforceable or invalid, in part or in whole, this will only affect the clause or part of the clause deemed unenforceable or invalid, and the rest of the general T&C will remain valid and enforceable.

17. Governing Law

Any disputes that may arise with regard to this website will be governed solely by the laws of Spain, and the courts of Málaga will be the only competent judicial authorities. All users of the website, regardless of the territorial jurisdiction in which they access the same, agree to respect and abide by the terms of this clause, expressly waiving their right to appeal to any other jurisdiction that may apply.