Terms of Service

TERMS OF SERVICE

 www.tilakka.art 

1.- GENERAL INFORMATION

Responsible and holder: STUDIO QUALIA, 718, S.L.U. (STUDIO QUALIA718)
Web site www.tilakka.art 
Address: calle Pallars, 85, 4º, 3ª
City: Barcelona
Postal code: 08018
Tax Number (CIF): B-64.385.958
Contact telephone: +34 696950537
E-mail contact:  hello@tilakka.art 
STUDIO QUALIA, 718, S.L.U. (hereinafter, STUDIO QUALIA) offers the possibility to purchase the services and products proposed on the website www.tilakka.art under the brand name TILAKKA®. These Terms of Service (hereinafter, TERMS OF SERVICE) are important to you and affect your rights as a consumer.  You must read these TERMS OF SERVICE which contain rights, but also include exclusions and limitations of liability that must be made known to you. You can always consult the present TERMS OF SERVICE by clicking the button TERMS OF SERVICE that you will find on the web site www.tilakka.art , store them and print them. 
If you have any questions, you can contact STUDIO QUALIA718 by  e-mail: hello@tilakka.art  Or by phone: + 34 696950537

 2.- AGREEMENT OF MEMBERSHIP

These TERMS OF SERVICE of STUDIO QUALIA718 describe the contractual relationship between you and STUDIO QUALIA718.

3.- GENERAL DESCRIPTION OF THE PURCHASE PROCESS  

To purchase, you must add the product(s) to your basket and then proceed to checkout. After this, you will receive an email acknowledging receipt of your order ("Order Confirmation"). Likewise, when STUDIO QUALIA718 starts the shipping procedure by depositing your order with the postal service, it will inform you by e-mail that the product has already been sent ("Shipping Confirmation"). The purchase of products offered on the website www.tilakka.art will have a cost which must be assumed by you at the time of purchase of the products.  This cost is the result of the action taken to acquire the products. The products can be acquired by various purchasing procedures which will have associated, in addition to the value of the products themselves, shipping costs. In general, when the user confirms the products he/she wishes to purchase, he/she will be expressly informed of the associated costs according to the geographical area of the destination of the products purchased and the total amount. All users who wish to purchase products offered on the website www.tilakka.art  must first read and accept these TERMS OF SERVICE detailed below. Once the user completes the steps established for the purchase of products, he/she will be considered a CUSTOMER.  In compliance with applicable regulations, STUDIO QUALIA718 informs:

Particular Conditions of Purchase

These TERMS OF SERVICE are the general regulation for the acquisition of the products offered by STUDIO QUALIA718 through the website www.tilakka.art  (hereinafter, PRODUCTS). These TERMS OF SERVICE are subject to the provisions of the regulations governing electronic contracting, the organization of retail trade, distance contracting, the defense of consumers and users, the processing and protection of personal data, as well as all its development regulations. The PRODUCTS offered for sale on the website www.tilakka.art  may be contracted by any CLIENT who resides in Spain or in another member state of the European Union or the European Economic Area and also by those CLIENTS who reside in a state that does not belong to the European Union or the European Economic Area. In all cases, Spanish Laws will be applicable to them. These TERMS OF SERVICE are accessible at all times at www.tilakka.art  and can be printed and stored by the CUSTOMER. However, STUDIO QUALIA718 recommends that the CUSTOMER always consult these TERMS OF SERVICE before making a new purchase, as they may be subject to changes and/or modifications with respect to the last time the CUSTOMER made a purchase. The TERMS OF SERVICE applicable to each purchase will be those published on www.tilakka.art  at the time of purchase. The modifications will not be retroactive. Unless otherwise stipulated in writing, making a purchase from STUDIO QUALIA718 implies the acceptance and adherence by the CUSTOMER to these TERMS OF SERVICE. Under no circumstances the requirement made by a CUSTOMER may differ the conditions included in these TERMS OF SERVICE, if it has not been previously accepted in advance and in writing by STUDIO QUALIA718.

Object of the Contract

The purpose of the Contract is to regulate the TERMS OF SERVICE for the acquisition of the PRODUCTS sold by STUDIO QUALIA718 through the website www.tilakka.art to the CONSUMER. The PRODUCTS are of an onerous nature and the price of each PRODUCT is determined at all times on the website itself together with the PRODUCT. The shipment of the PRODUCT is subject to standardized costs by geographical area of destination. The visit of the website is not subject to any payment.

 Parties to the Contract

The party of the first part, STUDIO QUALIA718, S.L.U. (hereinafter, STUDIO QUALIA718) with Tax Identification Code B-64.385.958, with registered office in Barcelona, calle Pallars, 85, 4º, 3ª, postal code 08018, and on the part of the CLIENT, whose data entered to purchase PRODUCTS, through the form established for this purpose, are those designated by him to identify himself.  All the data provided by the CLIENT have been entered directly by him/her, so the responsibility for the veracity, authenticity and updating of them corresponds directly and exclusively to the CLIENT.

Obligations of the CUSTOMER

When using this website and placing orders through it, the CUSTOMER must

  1. Not place any false or fraudulent order. If it could reasonably be considered that such an order has been placed, we will be authorized to cancel it and inform the relevant authorities.
  2. Provide their personal data truthfully and accurately. The fields of the data highlighted with an asterisk (*) are mandatory in order to formalize the purchase process.
  3. Be 18 years old and have legal capacity to enter into contracts.

The CUSTOMER is solely responsible of the veracity of the personal data entered by him/her in the purchase procedure, and accepts the obligation to provide true, accurate and complete data. If the CLIENT fails to comply with this obligation, he/she shall be solely responsible for all the consequences arising from the failure to comply and which may affect STUDIO QUALIA718, third parties and/or himself, including the non-receipt of the shipment with the purchased PRODUCT.

Conditions for contracting the PRODUCTS

These TERMS OF SERVICE apply to the PRODUCTS offered by STUDIO QUALIA718 through www.tilakka.art . The TERMS OF SERVICE and any offers made by STUDIO QUALIA718 always appear on the aforementioned website and can therefore be consulted, store and/or printed. STUDIO QUALIA718 reserves the right to modify at any time these TERMS OF SERVICE, as well as any other general or particular conditions, regulations of use or notices that apply to the purchase procedure. STUDIO QUALIA718 may modify the TERMS OF SERVICE by notifying the CUSTOMERS sufficiently in advance, in order to improve the service. By modifying the TERMS OF SERVICE at www.tilakka.art , it will be understood that STUDIO QUALIA718 has fulfilled its duty of notification. In any case, before making the purchase, the TERMS OF SERVICE may be consulted. STUDIO QUALIA718 reserves the right to modify at any time the presentation, configuration and location of the WEBSITE, as well as the contents and conditions required to use the purchase service. The value of the PRODUCTS is indicated by default in EUROS (euros). The user can choose to know the value of the PRODUCTS in: INDIAN RUPES (₹, INR), in STERLING POUND (£ GBP), in CANADIAN DOLLAR (C$, CAD), US DOLLAR ($, USD), AUSTRALIAN DOLLAR (A$, AUD) or YEN (¥, JPY). To do this you must select the currency options box at the top right of the landing of the WEBSITE. However, at the time of payment, the products will be paid in EUROS and for their value in EUROS. The option of knowing the value in other currencies is merely informative.

Purchase procedure

To purchase, the CUSTOMER must choose the PRODUCT by clicking on its image and then click on the ADD TO CART button. Once added, the CUSTOMER: a) can continue shopping by clicking on the CONTINUE SHOPPING button; b) can review the products that are in the basket (UPDATE BASKET); c) can end the purchase and pay (PROCEED TO PAY).  To do so, you must first read and accept these TERMS OF SERVICE. Once the acceptance has been registered, the CLIENT may proceed to formalize the purchase by clicking on the PROCEED TO PAY button. At this point, the PAYMENT DATA FORM will be displayed, which must be filled in with your personal data, including, if different from the delivery data, the invoicing data. On the form itself you must indicate the payment gateway you prefer from the options: Pay Pal, Visa, Mastercard, Maestro, American Express, Shopify Pay, Apple Pay, Google Play. Depending on the geographical indication of the address indicated to receive the order, different delivery charges will be applied. At this time, you can find out the amount for shipping costs. To formalize the payment, you must accept the Legal Notice associated to the purchasing form. Once the payment gateway has been chosen, the purchase content is detailed with the PRODUCTS that the CUSTOMER has chosen. You can correct your order by clicking on the REVISE ORDER button. You can continue shopping by clicking on the SEND ORDER button which takes the CUSTOMER to the payment gateway, where the purchase order number appears and where the CUSTOMER must provide his bank card information to complete the payment. After confirming the bank transaction, the CUSTOMER will receive an email acknowledging receipt of his order ("Order Confirmation"). We will also inform him/her by e-mail that the product is being sent ("Shipping Confirmation"). From the moment that the payment is executed, the CUSTOMER cannot reverse the purchase process and, in any case, must wait to receive the order to exercise their right of withdrawal as provided in the 16th and 21st Conditions of these TERMS OF SERVICE.

Delivery of the purchase

The order is processed immediately and the shipments are presented to the postal service in a maximum of two working days from the payment confirmation. Likewise, the CUSTOMER is informed of the moment in which the shipment has already left STUDIO QUALIA718. 

Prices and Payment Conditions

The prices of the PRODUCTS offered through the website www.tilakka.art  are indicated in euros and include the VAT in force at all times.

Payment details

Each means of payment has its own data system for the correct verification of its form of payment. In any case, STUDIO QUALIA718 only receives the conformity or not of the operation and in the case that it receives additional data about the privacy of the individual who carried out the operation, these will be treated in accordance with the General Conditions of the WEBSITE and the applicable Legal Notice.  Given that the purchase procedure is carried out directly by the CLIENT with the gateway and payment entity he/she has chosen, STUDIO QUALIA718 is totally free of any responsibility for the consequences arising from the impersonation of the card holder. Likewise, STUDIO QUALIA718 is totally free from any responsibility regarding the use that payment institutions make of the personal data provided by the CUSTOMER. The CUSTOMER must review the Privacy Policy of the payment gateways and payment institutions.

Proof of purchase

The CUSTOMER will receive in his/her e-mail the document that proves his/her purchase, when it has been made by credit card.  Any other information or document that the CUSTOMER prints or downloads but is not the one sent by STUDIO QUALIA718 is not admitted as proof of purchase.

Purchase confirmation

In both cases, the purchase process will be completed successfully when the CUSTOMER receives a confirmation message with the following content: - quantity and description of PRODUCTS - purchase reference code

Refusal to sell

The sale may be denied for various reasons: incorrect data, lack of communication with the card issuer, temporary loss of communication, others. In these cases, a page will be activated indicating the impossibility of making the purchase and an incidence number so that the CUSTOMER can proceed to make the relevant queries. In these cases, STUDIO QUALIA718 does not intervene and it is directly the payment entities that accept or reject the transaction.

Rules concerning the formation and validity of the Contract

The CUSTOMER knows, understands and accepts that the information contained on the site www.tilakka.art  and especially that relating to the purchase of PRODUCTS, is sufficient for the exclusion of error in the formation of consent. The present TERMS OF SERVICE will become part of the Contract at the moment of acceptance by the CUSTOMER, expressed through the completion and sending of the purchase data introduced in the purchase form. 

Validity of the purchase procedure as proof of acceptance

Both parties expressly declare that the acceptance of the offer to purchase STUDIO QUALIA PRODUCTS718 PRODUCTS by the CUSTOMER is carried out by following the purchase procedure described in these TERMS OF SERVICE. From the moment that the CUSTOMER has completed all the steps described in Condition 6th for the purchase process of the PRODUCTS, this fact implies full and express acceptance of these TERMS OF SERVICE.

Completion of the Contract

The Contract will be perfected from the date on which the CLIENT declares his agreement with the present TERMS OF SERVICE or, if applicable, those published at the time of making the purchase, by providing the data requested from the form DATA FOR PAYMENT and once the CLIENT confirms the purchase made.

Right of withdrawal

The CUSTOMER must make sure of the accuracy and suitability of the data entered before processing the purchase, as it is not possible to reverse the purchase process once the payment has been made. When the amount of a purchase has been charged fraudulently or improperly, using the number of a payment card, the holder of it may request cancellation from STUDIO QUALIA718 as long as it proves the previous presentation of a complaint for these facts. The refund of the undue or fraudulently charged amounts will be made by means of a written claim, to which the documents -evidences- must be attached, which certifies the loss or theft of the card with which the payment was made. Without prejudice to the above, if the purchase has been effectively made by the cardholder and the demand for a refund is not the result of having exercised the right of withdrawal or resolution, and therefore, has unduly demanded the cancellation of the corresponding charge, the cardholder will be obliged to compensate STUDIO QUALIA718 for any damages caused as a result of such cancellation.

Communications

For any clarification on these TERMS OF SERVICE of Purchase or to make any enquiry, you must: (i) send an e-mail to: hello@tilakka.art   (ii) by telephone: +34 696950537

Duration and termination

The purchase of PRODUCTS has an indefinite duration. Notwithstanding the above, STUDIO QUALIA718 may suspend the maintenance of the PRODUCTS sales service at its convenience. STUDIO QUALIA718 will give prior notice of this fact, whenever it is able to do so.

Privacy Policy

In order to be able to manage the purchase process and the shipment of the PRODUCTS purchased by the CUSTOMER, STUDIO QUALIA718 must process his personal data. The following is a detailed description of the Privacy Policy that applies to this processing of personal data by STUDIO QUALIA718.

RESPONSIBLE (CONTROLLER) OF THE PERSONAL DATA PROCESSING:  Responsible: STUDIO QUALIA718, S.L.U. Tax Number (CIF): B-64.385.958 Address: calle Pallars, 85, 4º, 3ª Contact telephone: +34 696950537 Contact e-mail: hello@tilakka.art  (here in after, STUDIO QUALIA718) 

APPLICABLE REGULATIONS:  Regulation (EU) 2016/679, of the European Parliament and of the Council of April 27 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) and the Organic Law, 3/2018, December 5, on Personal Data Protection and Guarantee of Digital Rights (LOPDGDD) and Law 34/2002, July 11, Information Society Services and Electronic Commerce (LSSI).

PURPOSE: The personal data you provide through the purchase on the website www.tilakka.art  will be processed by STUDIO QUALIA718 with the sole purpose of managing your order, in order to keep you informed about your order, until delivery of it and, if necessary, to attend your request for return.

PROCESSED PERSONAL DATA:

Contact Data:

name

surname

DNI

company

NIF

city

postal code

province

country

e-mail

telephone number

credit card number

REGISTRATION (PURCHASING) BELOW 18 YEARS OF AGE:  Purchase by minors under the age of 18 is not permitted. If any registration reveals that the consumer is a minor, STUDIO QUALIA718 reserves the right to cancel or not to attend the order. STUDIO QUALIA718 is not responsible for the effects or consequences that the registration of minors may cause. At any time, the parents/guardians of a minor who has registered without authorization may cancel or oppose the processing of personal data by sending a message to the following email address  hello@tilakka.art , indicating the reference "Data Protection".

CONSENT:  By sending the form with your personal details and accepting this Privacy Policy, you are giving your consent for STUDIO QUALIA718 to use your personal data for the above-mentioned purpose. The CONSUMER must provide true and updated data. STUDIO QUALIA718 is not responsible for the consequences and damages that false or erroneous data may cause.  

COMMUNICATION OF DATA TO THIRD PARTIES: When the user purchases, the payment access gateways are Pay Pal, Visa, Mastercard, Maestro, American Express, Shopify, Apple Pay, Google Pay. The user can know here the Privacy Policy applied by these services: 

As long as the user is transacting with these payment gateways, these entities are responsible for the processing of his/her personal data.

For production and shipping your personal data will be processed by the different vendors like: 

EXERCISE OF RIGHTS:  In compliance with GDPR and LOPDGDD, you are informed that providing your personal data is optional and at any time you can exercise your rights of access, rectification, erasure (right to be forgotten), opposition, restriction and portability with respect to the personal data provided. In this case, the CLIENT will have to address his/her claim to STUDIO QUALIA718 by means of an e-mail to the address hello@tilakka.art, indicating the reference of the message "Data Protection" and detailing in it the data with respect to which you wish to exercise any of the previous rights, providing proof of identity.

DURATION OF PROCESSING AND CONSERVATION:  The personal data subject to the present processing will be kept while the consent is in force. When the CLIENT withdraws the consent, the personal data will be kept blocked for the time necessary to meet the legal obligations that apply. Once these obligations have expired, the personal data will be deleted from the data processing systems of STUDIO QUALIA718.

SUPERVISORY AUTHORITY: The competent Supervisory Authority for personal data protection is: Agencia Española de Protección de Datos, c/ Jorge Juan, 6, Madrid.

Guarantee

STUDIO QUALIA718 offers a two-year legal guarantee on the products that STUDIO QUALIA718 markets through this website, and is liable for any lack of conformity of the products, by virtue of the provisions of General Law 3/2014, of 27 March, for the Defense of Consumers and Users, other complementary regulations and Royal Legislative Decree 1/2007, of 16 November (both Spanish regulations).  It is understood that the PRODUCTS are in conformity with the order when they conform to the description made by STUDIO QUALIA718 through the web page www.tilakka.art  and that they are suitable for the uses to which the products of the same type are normally destined. In accordance with the aforementioned regulations, you have the right to make a claim against STUDIO QUALIA718 for any lack of conformity at the time of delivery of the goods within the terms and conditions established therein. You have the obligation to report possible defects and non-conformities within two (2) months of their detection. In the event of a defect, STUDIO QUALIA718 will proceed at our expense to restore the conformity of the PRODUCT by replacing it or reducing its price, as required by the legal provisions in force. It is essential that the invoice relating to the purchase of the PRODUCT concerned is provided so that the assistance under warranty can be activated.

Return

The CUSTOMER has the right to withdraw from the acquisition made within a legal period of fourteen (14) calendar days without the need for justification.  In case of withdrawal and return of the PRODUCTS by the CLIENT, STUDIO QUALIA718 will return all payments received from the CLIENT related to the returned products except for shipping costs. Please note that the return shipping costs will be at your expense.  In order to proceed with the return, it is essential that the PRODUCT being returned is in perfect condition. The return of PRODUCTS in which stains, scratches, folds, bad smell and/or any other sign of improper handling can be seen will not be admitted. In order to return a PRODUCT within the legal deadline, you must contact STUDIO QUALIA718, through custom@tilakka.art . You must prepare the shipment for its return to the following postal address calle Pallars, 85, 4º, 3ª, postal code 08018, Barcelona (Spain). The CUSTOMER will assume the return costs. STUDIO QUALIA718 will send you confirmation of the return of the PRODUCT upon receipt.    If the returned PRODUCT complies with the conditions set out in this Condition, STUDIO QUALIA718 will refund the amount of the returned PRODUCT and the delivery costs by the same means by which the CLIENT would have purchased the said good. Within a maximum period of fourteen (14) days STUDIO QUALIA718 will proceed to pay these amounts.

Exemption from liability

STUDIO QUALIA718 is not responsible for any errors in the personal data provided and which prevent good communication with the owner. Neither is it responsible if the personal data are not updated. STUDIO QUALIA718 is not responsible for the consequences resulting from a malfunction of the owner's email address or the CLIENT's computer or mobile devices. STUDIO QUALIA718 will not assume the costs that must be incurred in the event of having to send a PRODUCT if the error in the delivery data is attributable to the CLIENT.  The parties will not be responsible for any fault due to a major cause. The fulfilment of the obligations will be delayed until the cessation of the case of force majeure. Force majeure shall include any act, event, lack of exercise, omission or accident that is beyond the reasonable control of STUDIO QUALIA718.

Entry into force

These TERMS OF SERVICE will come into force at the same time as their express acceptance before payment for the selected PRODUCTS is made. 

Jurisdiction

In the event that the disagreements between STUDIO QUALIA718 and the CUSTOMER cannot be resolved amicably, both parties freely and voluntarily agree, with express waiver of any other jurisdiction that may correspond to them, that all disagreements, divergences or litigious issues arising from these TERMS OF SERVICE will be submitted to the jurisdiction of the Courts of Barcelona.

Last date of modification: January 13th, 2020