Terms & Conditions

Introduction

1. The Francis Bacon Shop (“we”, “us” or “our”) provides the products and services available on this site. Your use of the Francis Bacon Shop website (“the site”) is governed by the Terms and Conditions set out below.  By contacting us through this site and/or placing an order on the website you agree to be bound by the Terms and Conditions which forms a contract between you and us.
2. Your contract with us shall be established by the following documents, in decreasing order of priority:
3. These Terms and Conditions; and
4. The duly completed order form comprising the acceptance of the purchase and featuring the information required for the identification of the customer (surname, first name, postal address for delivery and invoicing, phone number, email address).

Access

5. You are provided with access to this site in accordance with these Terms and Conditions and any orders placed by you must be placed strictly in accordance with these Terms and Conditions.
6. We do not guarantee that our site, or any content on it, will always be available or uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our website without notice.  We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion. We shall not be liable to you or any third party for any modification to or withdrawal of the site.
7. You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these General Terms and other applicable terms and conditions and that they comply with them.

Links to other sites

8. Where our site contains links to other sites and resources provided by third parties, these links are provided for your convenience and information only. Such links should not be interpreted as endorsements by us of those linked websites.  We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.  In the event you link to any such third party site you do so at your own risk.

Viruses 

9. We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our site.  You should use your own virus protection software.
10. You must not misuse our site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which your site is stored or any server, computer or database connected to our site.  You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack.  By breaching this provision, you will commit a criminal offence under the Computer Misuse Act 1990.  We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.  In the event of such a breach, your right to use our site will cease immediately.

Linking to our site

11. You may link to any page of our website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
12. 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 to our site in any website that is not owned by you.  Our site must be framed on any other site.
13. We reserve the right to withdraw linking permission without notice.

The information you provide to us

14. You warrant that the personal information which you are required to provide is true, accurate, current and complete in all respects. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

 Description of products 

15. The site provides the essential characteristics of the products offered for sale: (i) designation, composition, dimensions; and (ii) price in Euros.
16. The photographs of the products offered are for illustration purposes only and cannot be considered as forming part of the contract.
17. We are not responsible for the lack of stock or the unavailability of products and we reserve the right to modify, at any time and without notice, the products presented on the site.

Price of products 

18. Prices are given in Euros and include VAT but are exclusive of delivery charges, which are given on the order form. The total amount of your order includes shipping charges.
19. We reserve the right to modify at any time and without notice, prices of products from the site.
20. Prices shall be those in force on the day the order is placed. We operate from Spain so prices shall take account of the VAT in force on that day at the rate of 21%, insofar as VAT applies to the product which you have ordered.  Any change in the rate of VAT shall be automatically applied to prices.
21. For deliveries outside the European Union, the receiver is responsible for all import duties, customs and local sales taxes imposed by the county to which the delivery has been sent.

Ordering products

22. The order form, once submitted by you, shall constitute an unconditional acceptance of these Terms and Conditions, which can only be revoked in the circumstances outlined in the paragraphs “Returns” and “Fulfilment of Orders”.
23. The automatic recording procedures used on the site shall be considered as providing valid proof of the contract and of the date when it was drawn up.

Paying for products

24. All our website financial transactions are handled through our payment services provider, PayPal. You can review the PayPal privacy policy at paypal.com.  We shall share information with PayPal only to the extent necessary for the purposes of processing payments via our website and dealing with complaints and queries relating to such payments. You do not need a PayPal account to use this service.

Delivery of products

25. The Francis Bacon Shop reserves the right not to accept any orders from a customer with whom it is involved in litigation.
26. Once you have confirmed your order and payment, an order confirmation with a transaction number will be sent by email. If your products qualify for tracking you will also receive a tracking number to check the delivery status of your order, once your order has been dispatched.
27. The order shall be fulfilled in no more than 30 days once the order form has been submitted by you and payment processed. For pre-orders the 30 day fulfilment will begin from the publication date.
28. In the event that the item ordered is unavailable, you shall be informed as soon as possible and offered the opportunity of cancelling the order. You will have the option of demanding repayment within no more than 30 days.
29. Delivery can only be made once the order form has been submitted by you and payment processed. You must provide us with complete and accurate delivery address information.  For the avoidance of doubt, this includes not only the address that your order is going to, but also the name of its recipient.  We cannot be liable for the delivery of your order to the wrong address or to the wrong person as a result of you supplying us with incomplete or inaccurate information.
30. Orders shall be delivered to the address indicated by you on the order form, and you agree to accept the goods ordered. In the event of the premises being unoccupied at the time of delivery, a notice of inability to deliver shall indicate from where the package may be collected.
31. The Francis Bacon Shop operates from Spain. Delivery charges are calculated based on the weight of the parcel(s) and the delivery destination.
32. We will only deliver to those countries you will find on the list on the order form. Note that we do not deliver to P.O. boxes.
33. FEDEX EXPRESSEurope: 2-5 days.Rest of the world: 3-7 days.Fedex shipments delivered to remote and less-accessible locations are assessed an out-of-delivery-area surcharge. Please find in the link below a list of post codes and cities where these surcharges apply.http://images.fedex.com/us/services/pdf/Zipcodes_OPA_ODA.pdfIf your postcode falls into the remote and less-accessible category, The Francis Bacon Shop will contact you to inform you of the surcare or the possibility to choose an alternative delivery option, before the order is dispatched. You will have the right to cancel the order if you are not satisfied with the final delivery price.
34. CORREOS (National Postal Service of Spain)Europe: 4-10 days.Rest of the world: 7-14 days.When your order is delivered via Correos, the parcel will be received with your regular mail and a signature will be required. If the customer is not at the shipping address, a notice may be left by the postal service to advise on how and where the delivery can be collected.Estimated delivery times are to be used as a guide only and commence from the date of dispatch
35. We are not responsible for any delays or additional charges caused by destination customs clearance processes.
36. We are unable to redirect orders once the item has been dispatched. Please note that if a Free Delivery promotion is applied to a product, the delivery option in that case is at our discretion.

Responsibility 

37. Neither you nor The Francis Bacon Shop shall be deemed responsible for any failure to fulfil the terms of the contract caused by the application of force majeure beyond their control including – but not to the exclusion of other factors- war, civil commotion, insurrection, disruption of communications, problems associated with import or export of goods, strikes, lock-outs, shortages, fire, earthquake, storms or floods.
38. Moreover, The Francis Bacon Shop shall not be held responsible for the consequence of the use or misuse of goods ordered and delivered, the customer being solely responsible for their use by himself, herself or a third party.

Returning faulty products 

39. In the event of the goods delivered being faulty or other than those ordered, you should inform us within 48 hours from the time when the goods come into your physical possession (or the physical possession of the person identified by you to take possession of them). We undertake to remedy the situation or reimburse you. Contact us: [email protected]

Cancelling your order and returning non-faulty products

40. You are entitled to cancel your contract if you so wish, provided that you exercise your right no longer than 7 days after the day on which the goods come into your physical possession (or the physical possession of the person identified by you to take possession of them).
41. If you wish to exercise your right of cancellation, you are obliged to retain possession of the goods and take reasonable care of them prior to their return.
42. To exercise the right to cancel, you must inform us of your decision to cancel your contract by a clear statement, including details of your name, geographical address, details of the order you wish to cancel and, where available, your phone number and email address. You can cancel by email: [email protected]
43. If you decide to cancel, you should return the godos to us at your cost without undule delay and in any event not later than 7 days after receiving the product(s). You are responsible for proving that the godos have been returned, so they should be sent by registered mail or courier service.
44. Products must be returned in their original packaging to ensure they are adequately protected in transit. Products must be returned in a saleable condition meaning that they must be unused and in their original packaging.
45. We reserve the right to consider the condition of any product that you wish to return and make any deductions if there are indications that the product has been used or if the product is not returned in its original packaging.
46. The refund of the purchase will be made, within a maximum of 14 days upon receipt of the item from you. After checking the condition of the product, we will proceed to refund the amount by the same means of payment as you used for the original transaction.

Intellectual property rights

47. The Francis Bacon Shop is the owner or the licensee of all intelectual property rights in this site (including its layout, design and graphics).
48. You must not distribute, transmit or disseminate any part of the material on the Website without our prior permission. You must not download or print the material or extracts from it in a systematic or regular manner or otherwise so as to create a database in electronic or paper format comprising all or part of the material appearing on the Website.
49. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way or create any derivative material from it.
50. If you print off, copy or download any part of our site in breach of these terms of use, your right to use this site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Exclusion of liability 

51. To the extent permitted by law, we, our employees and third parties connected to us hereby expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or the results of the use of our site, any websites linked to it and any materials posted on it (including, without limitation any liability for loss of income or revenue, loss of business, business interruption, loss of profits, anticipated savings or contracts, loss of business opportunity, goodwill or reputation, loss of data) and for any other loss or damage of any kind, however arising and whatever caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
52. This site and the material displayed on it is provided on an “as is” basis without any guarantees or warranties of any kind, express or implied.
53. You confirm that, in agreeing to accept these Terms and Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Terms and Conditions and you agree that you shall have no remedy in respect of any representation. Your statutory rights are not affected by these terms and conditions.  Nothing in this clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Terms and Conditions.
54. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

Indemnity

55. You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms and Conditions by you or any other liabilities arising out of use of this site, or the use by any other person accessing the site using your account and/or your personal information.

Final provisions 

56. The Francis Bacon Shop may vary these Terms and Conditions at any time. Please check this page regularly to ensure you are familiar with the current version of these terms, as they are binding on you.
57. If any part of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Terms and Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Terms and Conditions.
58. These Terms and Conditions will be governed and construed in accordance with Spanish law. Any disputes relating to these Terms and Conditions shall be subject to the exclusive jurisdicción of the courts of Spain.

Privacy Policy

Introduction

1. By visiting this website, completing your customer registration with us and/or placing an order on the website you agree to be bound by the terms of this Privacy Policy.
2. For questions regarding our privacy policy, please contact us at [email protected]

Information we may collect from you

3. When you shop on this site, we will ask you to input and will collect personal information from you such as your name, e-mail address, billing address, delivery address, telephone number and product selections.
4. We may also collect information about where you are on the internet (e.g. the URL you came from, IP address, domain types like .co.uk and .com), your browser type, the country and telephone area code where your computer is located and the pages of our website that were viewed during your visit. We may collect this information even if you do not register with us.

Security of your personal information 

5. We will treat all your personal information as confidential (although we reserve the right to disclose information in the circumstances below). We will keep it on a secure server and fully comply with all applicable Spanish data protection and consumer legislation from time to time in place.
6. We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any personal information you provide when accessing or ordering from the site.

Use of your personal information 

7. We will use your personal information only for the following purposes:

• Processing your orders;

• Dealing with enquiries and complaints made by or about you relating to the site;

• If you consent, notifying you of products, special offers or services that may be of interest to you. (You may revoke your consent at any time by notifying our customer services: mail@francisbaconshop.com with the word “unsubscribe” in the subject line).

8. All our website financial transactions are handled through our payment services provider, PayPal. You can review the PayPal privacy policy at paypal.com.  We shall share information with PayPal only to the extent necessary for the purposes of processing payments via our website and dealing with complaints and queries relating to such payments.

9. You should be aware that if we are requested by the police or any other regulatory or governmental authority suspecting illegal activities to provide your personal information or any other information we obtain about you, we are entitled to do so.

10. We may also disclose your personal information to third parties in order to enforce or apply our Terms and Conditions, or to protect the rights, property, or safety of The Francis Bacon Shop, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

11. You agree that you do not object to us using your personal information for any of the purposes outlined in this Privacy Policy and that you do not and will not consider any of the above as being a breach of any of your rights under the Privacy and Electronic Communications (EC Directive) Regulations 2003.

12. Your personal information will not be used for any purpose of a commercial or non-commercial nature unrelated to The Francis Bacon Shop and without your permission. We will not without your express consent provide your personal information to any third parties for the purposes of direct marketing.

 

Personal data and your rights

13.  In accordance with the EU General Data Protection Regulation 2018 (GDPR), you may:

• request the personal data we hold on you at any time;
• request that the personal data we hold on you be amended;
• request that the personal data we hold on you be deleted.

For all requests related to personal data, please email [email protected]. There will be no charge for supplying, amending or deleting data. We will carry out such requests within one month. We will only refuse requests that are manifestly unfounded or excessive; in such cases the user will be informed within one month.

Where we store your personal information.

14. The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff maybe engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

Cookies

shop.francis-bacon.com employs cookies to keep track of your login and shopping cart during your shopping session and to register your name and address for the next time you visit the site. These cookies are not used to store your credit card details.

15. In addition to the abovementioned cookies, we use Google Analytics services which also implements cookies. Google Analytics is a web analytics tool that helps website owners understand how visitors engage with their website. Google Analytics customers can view a variety of reports about how visitors interact with their website so that they can improve it.

16. Like many services, Google Analytics uses first-party cookies to track visitor interactions as in our case, where they are used to collect information about how visitors use our site. We then use the information to compile reports and to help us improve our site.

17. Cookies contain information that is transferred to your computer’s hard drive. These cookies are used to store information, such as the time that the current visit occurred, whether the visitor has been to the site before and what site referred the visitor to the web page.

18. Google Analytics collects information anonymously. It reports website trends without identifying individual visitors. You can opt out of Google Analytics without affecting how you visit our site – for more information on opting out of being tracked by Google Analytics across all websites you use, visit this Google page: https://tools.google.com/dlpage/gaoptout .

Final provisions 

19. We may vary the terms of this Privacy Policy from time-to-time. Please check this page regularly to ensure you are familiar with the current version of the terms of this Policy. Your information is subject to the privacy policy in effect at the time when you provided that information.  If we announce a new policy any new information provided by you in connection with new orders will be subject to the policy then in effect.

20. This Privacy Policy will be governed by and construed in accordance with Spanish law, and any disputes relating to this notice shall be subject to the exclusive jurisdiction of the courts of Spain.