TERMS OF USEXavi

General- Use of this web site is conditioned upon your acceptance of the terms, conditions, policies and notices contained herein. All users of this web site hereby understand and agree that your use of such web site constitutes acceptance of the terms and conditions set forth in this legal notice. By agreeing to these terms, you represent that you are at least the age of majority in your country of residence. The domain name and site artnouveau.club are owned and managed by Xavier Buch NIF 43520218D. Throughout the site, the terms “we”, “us” and “our” refer to him. We reserve the right to modify the terms and conditions at any time without prior notice. If you do not agree to these terms, you may not use this web site.

Accuracy- The material on this site is provided for general information only. Any reliance on the tours and material on this site is at your own risk. We work to ensure that our customers are offered quality tours and merchandise along with pleasant and interesting information about art nouveau. Our website contains maximum information about services and products. For products, color of items may slightly differ from original, depending on the internet browser and/or monitor settings used. Please read all product and services specifications carefully before making a purchase. If any questions arise please do not hesitate to contact us via email so we can assist you.

Prices- Prices for our products and services are subject to change without notice. We reserve the right, at any time, to modify or discontinue any service or product without notice.

Products or Services- Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. The orders and the availability of the products and services are valid save ending of stocks or typographic errors. The orders will be attended by rigorous order of reception. In the case of finishing the stocks of a requested product, the customer’s order shall be cancelled with a previous warning – excepting the cases in which it will be impossible to get in touch with him – and he will be proposed another product having similar features and characteristics.

Billing and Account Information- We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel a certain number of products or services purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/ phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store.

Third Party Links- This web site may contain links to other sites. These links are provided merely to assist the user. Certain content, products and services available via our Service may include materials from thirdparties. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Personal Information- Your submission of personal information through the store is governed by our Privacy Policy (see Privacy Policy).

Errors, inaccuracies and omissions- Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Prohibited Uses- In addition to other prohibitions as set forth in the Terms of use, any use of this web site or its content for an illegal or objectionable purpose is strictly prohibited. User agrees that it will not use this web site to engage in any activity that could be deemed illegal, harmful to others, or give rise to civil liability. Such activities include, but are not limited to: (a) activities involving the transmission of unlawful, threatening, harassing, obscene, sexually explicit, pornographic, hateful, profane, or defamatory information; (b) activities involving the transmission of junk mail or spamming; (c) activities involving the promotion or use of viruses; (d) activities that violate any law, regulation or statute; and/or (e) activities that infringe upon any legally protected property right, etc. By using this site, you agree that any and all information transmitted to or with the use of this site can not and shall not be deemed confidential or proprietary. We reserve the right to monitor transmissions and investigate any alleged prohibited use of this web site and to disclose any and all information relating to such prohibited use. We, our officers, directors, affiliates, employees, agents, partners, subsidiaries, and/or contractors shall not assume, and expressly disclaim, any and all liability relating to an individual’s illegal or prohibited use of this web site. Any violation of this or any other section contained herein may result in termination of service and or any other action we determine appropriate under the circumstances.

Trademarks- All materials in the Website. are protected by copyright laws and may be covered by other restrictions as well. We retains all rights we may hold, including copyright, in data, image, text, and any other information contained in these files. Copyrights and other proprietary rights in the material on this website may also subsist in individuals and entities other than, and in addition to, Us. We expressly prohibit the copying of any protected materials on this website, except for the purposes of fair use as defined in the copyright laws.

Disclaimer of warranties; limitation of liabilities- We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Us, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Our liability shall be limited to the maximum extent permitted by law.

Submissions- Any communication or material you post, transmit, or distribute to Us by electronic mail or otherwise, including any data or other content, questions, comments, suggestions, or the like, is and will be treated as, nonconfidential and nonproprietary. Anything you transmit or post may be used by Us or our affiliates for any purpose, including but not limited to, reproduction, disclosure (to law enforcement entities or others), transmission, publication, broadcast, and posting. Furthermore, we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to our Website for any purpose whatsoever including but not limited to, developing, manufacturing, and marketing products using such information.

Indemnification- You agree to indemnify, defend and hold Us harmless and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Termination- The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of use are effective unless and until terminated by either you or us. You may terminate these Terms of use at any time by notifying us that you no longer wish to use our services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of use, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services (or any part thereof).

Entire Agreement- The failure of us to exercise or enforce any right or provision of these Terms of use shall not constitute a waiver of such right or provision. These Terms of use and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of use). Any ambiguities in the interpretation of these Terms of use shall not be construed against the drafting party.

Governing Law- These Terms of use and any separate agreements whereby we provide you terms shall be governed by and construed in accordance with the laws of Barcelona, Spain.

Changes- You can review the most current version of the Terms of use at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of use by posting updates and changes to our website. It is your responsibility to check our website periodically for changes.

Your continued use of or access to our website or the Service following the posting of any changes to these Terms of use constitutes acceptance of those changes.

Contact Information- Questions about the Terms of use should be sent to us at info@artnouveau.club.

CUSTOMER SERVICE:

Contact Us- For questions or comments, please Click here to contact us using a form. If your question is about a specific order, be sure to include your order number and date.

Process of purchase- To make an order in the select the products you wish to purchase, next have access to the purchase basket where you will be able to confirm the characteristics of your order and to proceed to the purchase. In the basket you will see all the information of your order: selected products, unitary price and total price. Once the selection process of articles has finished, then it passes to the confirming section of your order, in which you are asked to fill in the application form with your personal data. Then, in another screen it may be seen the summary of the order with the detailed mailing costs. The last step is to have access to the safety server of our bank to make the payment with card, in a totally safe way. Total costs of the order will not include tariffs in products of the online store (check section “Products of the Gift Shop).

Once you have submitted your order, you will receive an email with your order confirmation number.

Payment Options- We accept the following forms of payment: PayPal, Credit Card (MasterCard, VISA) and Bank transfer (IBAN). Credit card information is encrypted using secure socket layer technology (SSL) and is stored with a AES-256 encryption. We follow all Payment Card Industry Data Security Standard (PCI-DSS) requirements and implement additional generally accepted industry standards.

Tours:

What is included- Art nouveau tour guide for the number of hours booked. Professional driver with luxury vehicle and car insurance (if you have booked chauffeured services). Recommendations to help you plan the rest of your stay in Barcelona. VAT (Value Added Tax).

What is not included except otherwise specified- Entrance fees, sites reservations when required, luggage handling, meals and other personal expenses like medical expenses or insurance.

Payment- The general deposit asked to be paid when booking the tour is the 25%. Eventually, in some tours, a higher percentage of the total price is required to confirm a booking. The description of all tours include this piece of information.

General cancellation policy- All cancellations have to be by e-mail contacting us at info@artnouveau.club and need to be reconfirmed by us. We do not accept cancellations by phone or by third parties. If you can’t attend the tour you booked refunds will be provided based on the cancellation timeline listed below: More than 60 days before the tour: Full deposit amount will be returned, deducting the transfer costs From 60 to more than 30 days before the tour: No refund of 25% of the payments already done From 30 to 7 days before the tour: No refund of 50% of the payments already done Less than 7 days before the tour: No refund of the 100% of the payments already done.

If you needed to change the date/time of your tour, we are open to schedule changes and we will do our best to do it with no cost, but we cannot guarantee that. it depends on our availability for the new requested hours/date. Please note that if we have already bought tickets for any museum or monuments for your tour, such tickets will be lost and you’ll have to pay for them again if you still wish to visit it. No last minute schedule changes (i.e. date, time…) are accepted less than 72 hours before the scheduled tour starting time.

The following rules apply to all tours (a) Tours are carried rain or shine. Bad weather is not a valid reason to cancel a tour; (b) Client is responsible to inform Us on meeting point; (c) Client is responsible to be on time. If the client is late, it’s time wasted from the tour. There are no refunds for wasted time when clients are late because tours must finished at the time that was planned upon booking; (d) Client is responsible for their own safety and their party’s. That includes crossing roads/streets, going up/down stairs or steps, wearing seatbelt inside vehicles… We are not liable for any injury, damage, loss or accident incurred during the tour. We reserves the right to terminate any tour due to unreasonable behaviour of the client; (e) Luggage and personal effects are carried entirely at the owner’s risk. We are not liable for damage, loss or other irregularity incurred during our tours; (f) Client is urged to acquire adequate insurance to cover any loss as a consequence of flight/cruise-ship cancellations/delays, personal illness and other circumstances beyond our control that might cause the tour to be cancelled. We are not liable for any delay or irregularity of this nature, nor any expenses resulting from them; (g) We’ll stick to the agreed itinerary as much as possible, but we reserve the right to change the itinerary and timings depending on weather conditions and unpredictable events caused by traffic, demonstrations, works in progress. Our guides handle the tour rhythm in a pleasant way, but it’s the client responsibility to follow the guides indications so we can cover everything that was planned. We will not be responsible if there wasn’t time to visit all the promised sites in the itinerary. No refunds for itinerary changes; (h) In lunch stops and on the cuisine classes activities, client is responsible for telling the tour guide or advising in advance to Us about any food allergies or intolerances they might suffer so we can help choosing your food. The client takes full responsibility for the food that he or she decides to eat, and we will never be liable for any health issue resulting from the food/drinks eaten/drunk during a tour. No food or drink to be consumed inside vehicles except by permission of the driver.

Products of the Gift Shop:

Shipping- We work to ensure a pleasant shopping experience and safe shipping service of the products of the online store to our customers. We ship globally and shipping rates are calculated at checkout for selected countries after entering the address information. If your country is not listed, please contact us and we will provide full shipping cost details. You may pick up your order free of charge in the tour you do with us if the product/s chosen are listed in the same list. If interested, e-mail us with your query at info@artnouveau.club.

We strive to process your order as soon as possible, so that you receive your items quickly. In general we will process and dispatch your order normally within 3 days. Delivery time for orders in Spain will be normally 2 days, while deliveries to EU countries will ship in 3-5 days. Orders are shipped via a traceable international carrier. Deliveries outside EU will take 5 to 8 business days to reach your country provided that there are no unforeseen delays in Customs. For Flash Sales, times may vary and extend according to the Sales conditions. Please inspect your order upon delivery. If your merchandise arrives damaged, please contact Customer Service immediately.

Taxes- Total costs of the order will not include taxes in products of the online store. Extra customs duties may be applicable for international destinations. Recipient is responsible for all applicable customs duties, tariffs, taxes, or Value Added Tax (VAT), which are collected by the carrier upon delivery.

Only in some cases International taxes, tariffs and value-added tax (VAT) will be calculated into your final order total during Checkout. They will be based on the purchased merchandise’s country of origin or manufacturing and the classification of that merchandise in accordance with a harmonised system used by the countries that Borderfree supports. In these cases you will have the option to pay these required charges during Checkout. If the charges are paid at Checkout, the order total (merchandise landed cost) is guaranteed by Borderfree and you are not required to pay any additional fees (no COD) at the time of order delivery. Some international destinations have the option to pay duties and taxes at the time of order delivery (COD). In choosing this option, and in the others that don’t have the option to choose, if you select this option you will be required to pay duties and taxes, along with any collection fees, to the shipping carrier upon receipt. The order total (merchandise landed cost) cannot be guaranteed and may differ from what is quoted online at Checkout. If the due charges are not paid COD, the merchandise will be returned back to Us and the customer will not be refunded any of the shipping charges.

Returns- If for any reason you would like a return an item, this can be done by returning the unused item in original condition to us within 14 days of the original sale. Gift recipients will receive a merchandise credit to spend in the artnouveau.club online shop. The item returned must be in its original product packaging in excellent condition and mailed in an appropriate size shipping box. You will be responsible for the shipping costs of returning the item and shipping costs are non-refundable. To return a product, send an email to info@artnouveau.club and explain the situation, then we will provide you with the shipping details.

If your product arrives broken or damaged, please contact us at info@artnouveau.club and we will make arrangements for a return. We will issue a full refund or send you a replacement after you have returned the broken, damaged or defective product. To be eligible for a return, the item must be unused and in the same condition as you received it. You will be responsible for returning the item. To return a product, send an email to info@artnouveau.club and explain the situation, then we will provide you with the shipping details.

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