Interesting sections

Preorder terms
Shipping time
Tracking in shipments

1. General information

The ownership of this website shop.miriameg.art, (hereinafter Website) is held by: Miriam Esteban Ginés, with NIF: 52008603Z, and whose contact details are:

Address: C/Sierra de Monchique, 17, 28053 Madrid España

Contact number: 685212055

Contact email: hola@miriameg.art

This document (as well as other documents referred to herein) governs the conditions governing the use of this Website (shop.miriameg.art) and the purchase or acquisition of products and/or services on this Website (hereinafter, Conditions).

For the purposes of these Conditions, it is understood that the activity that Miriam EG Illustration develops through the Website includes: the sale and marketing of physical and digital illustration products, stationery, and other merchandising accessories, such as tote bags, t-shirts, etc.

In addition to reading the present Conditions, before accessing, browsing and/or using this website, the User must have read the Legal Notice and the General Conditions of Use, including, the cookies policy, and the privacy and data protection policy of Miriam EG Illustration. By using this Website or by making and/or requesting the purchase of a product and/or service through this Website, the User agrees to be bound by these Terms and Conditions and all of the above, so if you do not agree to all of the above, you should not use this Website.

You are also advised that these Terms and Conditions may change from time to time. The User is responsible for consulting them every time he/she accesses, browses and/or uses the Website, as those in force at the time the purchase of products and/or services is requested will be applicable.

For any questions that the User may have in relation to the Terms and Conditions, please contact the owner using the contact details provided above or, where appropriate, using the contact form.

2. The user

Access, browsing and use of the Website, confers the condition of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), so you accept, from the moment you start browsing the Website, all the Conditions established here, as well as its subsequent modifications, without prejudice to the application of the corresponding legal regulations of mandatory compliance as the case may be.

The User assumes responsibility for the correct use of the Website. This responsibility shall extend to:

  • Use this Website only to make legally valid enquiries and purchases or acquisitions.
  • Not to make any false or fraudulent purchases. If such a purchase could reasonably be deemed to have been made, it may be cancelled and the relevant authorities will be informed.
  • Provide truthful and lawful contact details, e.g. email address, postal address and/or other details (see Legal Notice and General Conditions of Use).

The User declares to be over 18 years of age and to have the legal capacity to enter into contracts through this Website.

The User will be able to formalize, at his/her choice, with Miriam EG Illustration, the contract of sale of the desired products and/or services in any of the languages in which the present Conditions are available on this Website.

3. PURCHASE OR ACQUISITION PROCESS

Users can purchase on the Website by the means and in the manner established. They shall follow the online purchase and/or acquisition procedure of miriameg.art, during which various products and/or services may be selected and added to the cart, basket or final shopping space and, finally, click on: “Checkout”

Also, the User must fill in and/or check the information requested in each step, although, during the purchase process, before making the payment, the purchase data can be modified.

Subsequently, the User will receive an email confirming that  Miriam EG Illustration has received your order or request for purchase and / or provision of service, ie, order confirmation. And, where appropriate, you will also be informed by email when your purchase is being shipped.

Once the purchase procedure has been completed, the User consents to the Website generating an electronic invoice which will be sent to the User by e-mail. Likewise, the User may, if he/she so wishes, obtain a copy of his/her invoice on paper, by requesting it to Miriam EG Illustration using the contact spaces on the Website or through the contact details provided above.

The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale concerning the product and/or service in question and which are shown next to the presentation or, where appropriate, image of it on its page on the Website, indicating, by way of example, but not exhaustive, and on a case-by-case basis: name, price, components, weight, quantity, colour, details of the products, or characteristics, the way in which they will be carried out and/or the cost of the services; and acknowledges that the placing of the purchase order or acquisition materialises the full and complete acceptance of the particular conditions of sale applicable to each case.

The communications, purchase orders and payments involved in the transactions carried out on the Website may be filed and kept in the computerised records of Miriam EG Illustration Miriam EG Illustration  in order to constitute a means of proof of the transactions, in any case, respecting reasonable security conditions and the applicable laws and regulations in force in this regard, and particularly in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) and Organic Law 3/2018, of 5 December, on the Protection of Personal Data and the guarantee of digital rights, and the rights that Users are entitled to in accordance with the privacy policy of this Website.

4. AVAILABILITY

All purchase orders received by Miriam EG Illustration through the Website are subject to the availability of the products and/or that no circumstance or cause of force majeure (clause nine of these Conditions) affects the supply of the products and/or the provision of the services. If there are difficulties in the supply of products or products are not in stock, Miriam EG Illustration undertakes to contact the User and reimburse any amount that may have been paid by way of payment. This shall also apply in cases where the provision of a service becomes unfeasible.

5. PREORDERS

Products indicated as Preorders are advance purchases. These are reservations for products that are still in the production stages.

The delivery dates indicated are estimates and may vary.

By making the pre-purchase, the User accepts the special conditions for this type of purchase.

Shipping dates and possible delays

The indicated shipping dates are indicative and may change due to various factors beyond our control such as: factory delays, delays in the shipping and transport company, delays at customs and logistic centres, measures taken by countries against the pandemic, etc.

There may also be time miscalculations due to a high volume of work in order preparation. Please note that Miriam EG Illustration is a small independent shop.

All delays in the shipping date will be duly informed to the buyer, through the contact email added in the purchase details.

Preorder refunds

If you need a cancellation of your preorder and a refund before the delivery date, please contact Miriam EG at hola@miriameg.art

You will receive a reply within 14 days and, following the reply, you will receive a full refund within 14 days.

6. PRICES AND PAYMENT

The prices displayed on the Website are final prices, in Euros (€) and include taxes, unless by legal requirement, especially regarding VAT, a different matter is indicated and applied.

Shipping costs are included in the final prices of the products as shown on the Website. Thus, Miriam EG Illustration performs the delivery and/or shipping services through: Correos.

In no case shall the Website add additional costs to the price of a product or service automatically, but only those that the User has voluntarily and freely selected and chosen.

Prices may change at any time, but any changes will not affect orders or purchases for which the User has already received an order confirmation.
Prices may change at any time, but any changes will not affect orders or purchases for which the User has already received an order confirmation.

The means of payment accepted will be: Credit or debit card, and PayPal.

Miriam EG Illustration utiliza todos los medios para garantizar la confidencialidad y Miriam EG Illustration uses all means to ensure the confidentiality and security of payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure payment system SSL (Secure Socket Layer).

Credit cards are subject to checks and authorisations by the issuing bank, if the issuing bank does not authorise payment, Miriam EG Illustration will not be liable for any delay or non-delivery and will not be able to enter into any contract with the User.

Once Miriam EG Illustration receives the purchase order from the User via the Website, a pre-authorisation will be made on the relevant card to ensure that there are sufficient funds to complete the transaction. The card will be charged at the time that the User is sent confirmation of shipment and/or confirmation of the service being provided in the manner and, where applicable, location specified.

If the means of payment is PayPal, the charge will be made at the time that Miriam EG Illustration send a confirmation of the purchase order or purchase of products and / or services to the User.

In any case, by clicking on “Checkout” the User confirms that the payment method used is their own.

7. DELIVERY

In those cases where physical delivery of the contracted good is required, deliveries will be made within the following territory: Spain (Peninsula and Balearic Islands)

Except in those cases where there are unforeseen or extraordinary circumstances or, where appropriate, arising from the customization of products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of the order confirmation.

If for any reason, which was attributable,  Miriam EG Illustration could not meet the delivery date, will contact the user to inform him of this circumstance and he may choose to go ahead with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid. In any case, home deliveries will be made on working days.

If it is impossible to deliver the order due to the User’s absence, the order may be returned to the warehouse. However, the carrier will leave a notice explaining where the order is and how to arrange for it to be redelivered.

If the User is not going to be at the delivery location at the agreed time slot, he/she should contact Miriam EG Illustration to arrange for delivery on another day.

In the event that 30 days have passed since your order is available for delivery, and it has not been delivered for reasons not attributable to Miriam EG Illustration, Miriam EG Illustration will understand that the User wishes to withdraw from the contract and it will be considered to be resolved. As a consequence of the termination of the contract, all payments received from the User shall be refunded to the User, with the exception of the additional costs resulting from the User’s own choice of a delivery method other than the least expensive ordinary delivery method offered by the Website, without any undue delay and, in any case, within a maximum period of 14 calendar days from the date on which the contract is deemed terminated.

However, the User must bear in mind that the transport resulting from the termination may have an additional cost that may be passed on to the User.

For the purposes of these Conditions, delivery shall be deemed to have taken place or the order to have been delivered at the time when the User or a third party indicated by the User acquires material possession of the products, which shall be evidenced by the signature of the receipt of the order at the agreed delivery address.

The risks that may arise from the products shall be borne by the User from the time of delivery. The User acquires ownership of the products when Miriam EG Illustration receives full payment of all amounts due in connection with the purchase or acquisition made, including shipping costs, or at the time of delivery, if this takes place at a later time than the full receipt of the amount paid by Miriam EG Illustration.

In accordance with the provisions of Law 37/1992 of 28 December 1992 on Value Added Tax (VAT), purchase orders for delivery and / or provision shall be deemed to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally in force at any given time depending on the specific article in question.

Types of shipping

Miriam EG Illustration offers two shipping methods:

  • Standard shipment: This shipment does not include a tracking number and cannot be traced. This does not affect the security or shipping time.
  • Certified shipment: This shipment includes tracking number and is delivered to the recipient under signature. It has an extra charge of 3€ to 4€.

Please, choose well the type of shipment before making your purchase.

Delivery time

Delivery times are approximated. They may be subject to delays due to causes beyond our control or due to force majeure.

Estimated shipping times are:

  • Spain: 3-10 working days
  • Europe: 2-3 weeks
  • Rest of the world: 3-5 weeks

If an order is experiencing a delay, it is normal that it may take 2-3 weeks extra than the normal estimated time.

An order will not be considered lost and will not be refunded before this extra waiting time.

Customs

Miriam EG Illustration ships from Spain, within the European Union.

If you live outside the European Union, your order may be subject to customs charges.

Customs charges will be charged to the buyer.

8. TECHNICAL MEANS TO CORRECT ERRORS

The User is informed that in the event that he/she detects that an error has occurred when entering data necessary to process his/her purchase request on the Website, he/she may modify them by contacting Miriam EG Illustration through the contact spaces provided on the Website, and, where appropriate, through those enabled to contact customer service, and/or using the contact details provided in the first clause (General Information). Likewise, this information may also be corrected by the User through his or her personal connection space on the Website.

In any case, the User, before clicking on “Checkout”, has access to the space, cart, or basket where their purchase requests are noted and can make modifications.

In the same way, the User is referred to consult the Legal Notice and General Conditions of Use and, specifically, the Privacy Policy to obtain more information on how to exercise their right of rectification as established in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (RGPD) and in Organic Law 3/2018 of 5 December on the Protection of Personal Data and the guarantee of digital rights.

9. refunds

In cases where the User purchases products on or through the Owner’s Website, the User is entitled to a number of rights, as listed and described below:

Right of Withdrawal

The User, as a consumer and user, makes a purchase on the Website and therefore has the right to cancel the purchase within 14 calendar days without giving any reason.

This withdrawal period shall expire 14 calendar days from the day on which the User or a third party authorised by the User, other than the carrier, acquired material possession of the goods purchased on the Website of Miriam EG Illustration  or in the event that the goods making up your order are delivered separately, 14 calendar days from the day on which the User or a third party authorised by the User, other than the carrier, acquired material possession of the last of those goods making up the same purchase order, or in the case of a service contract, 14 calendar days from the day of conclusion of the contract.

To exercise this right of withdrawal, the user must notify its decision to Miriam EG Illustration. You may do so, where appropriate, through the contact spaces provided on the Website.

The User, regardless of the means he chooses to communicate his decision, must clearly and unequivocally express that it is his intention to withdraw from the purchase contract. In any case, the User will be able to use the model of withdrawal form that Miriam EG Illustration makes available as an annexed part of these Conditions, however, its use is not mandatory.

In order to meet the withdrawal deadline, it is sufficient that the communication unequivocally expressing the decision to withdraw is sent before the expiry of the withdrawal period.

In case of withdrawal, Miriam EG Illustration shall refund to the User all payments received, including the shipping costs (with the exception of the additional costs chosen by the User for a different shipping method than the least expensive method offered on the Website) without any undue delay and, in any case, no later than 14 calendar days from the date on which Miriam EG Illustration is informed of the User’s decision to withdraw.

Miriam EG Illustration will reimburse the User using the same payment method used by the User to make the initial purchase transaction. This refund will not generate any additional cost to the user. However,  Miriam EG Illustration may withhold the refund until it has received the products or items of the purchase, or until the User provides proof of the return of the same, depending on which condition is met first.

The User may return or send the products to: C/Sierra de Monchique, 17, 28053 Madrid España

And shall do so without any undue delay and in any event not later than 14 calendar days from the date on which Miriam EG Illustration was informed of the decision to withdraw.

And shall do so without any undue delay and in any event not later than 14 calendar days from the date on which Miriam EG Illustration was informed of the decision to withdraw.

The User acknowledges knowing that he/she shall bear the direct cost of return (transport, delivery) of the goods, should any be incurred. Furthermore, he shall be liable for any diminished value of the products resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

The User acknowledges knowing that there are exceptions to the right of withdrawal, as stated in Article 103 of Royal Legislative Decree 1/2007 of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws. By way of example, and not exhaustively, this would be the case of: personalised products; products that may deteriorate or expire quickly; music or video CDs/DVDs without their packaging, as sealed at the factory; products that for reasons of hygiene or health are sealed and have been unsealed after delivery.

In this same sense is governed the provision of a service that the user could hire on this website, as this same law states that the right of withdrawal will not assist users when the provision of the service has been fully executed, or when it has begun, with the express consent of the consumer and user and with the recognition on his part that he is aware that, once the contract has been fully executed by Miriam EG Illustration, he will have lost his right of withdrawal.

In any case, no refund will be made if the product has been used beyond the mere opening of the product, of products that are not in the same condition in which they were delivered or that have suffered any damage after delivery.

In addition, the products must be returned using or including all their original packaging, instructions and other documents that may accompany them, as well as a copy of the purchase invoice.

You can download the Model withdrawal form at the following link (the model is in spanish language, but remember it is not mandatory to use it).

Return of defective products or shipment error

These are all those cases in which the User considers that, at the time of delivery, the product does not conform to the stipulated in the contract or purchase order, and therefore, should contact Miriam EG Illustration immediately and let you know the existing disagreement (defect / error) by the same means or using the contact details provided in the previous section (Right of Withdrawal).

The User will then be informed on how to proceed with the return of the products, and the products, once returned, will be examined and the User will be informed, within a reasonable period of time, whether a refund or, if applicable, a replacement of the product is appropriate.

The refund or replacement of the product will be made as soon as possible and in any event within 14 days from the date on which we send you an email confirming that the refund or replacement of the non-conforming item is applicable.

The amount paid for those products that are returned because of a defect, when it actually exists, will be refunded in full, including delivery costs and the costs incurred by the User to make the return. The refund will be made by the same means of payment that the User used to pay for the purchase.

In any case, the rights recognised in the legislation in force at all times for the User, as a consumer and user, will always apply.

Guarantees

The User, as a consumer and user, enjoys guarantees on the products that can be purchased through this Website, in the terms legally established for each type of product, responding Miriam EG Illustration, therefore, by the lack of conformity of the same that is manifested within two years from the delivery of the product.

In this sense, it is understood that the products are in conformity with the contract provided that: they conform to the description made by Miriam EG Illustration and possess the qualities presented in the same; they are suitable for the uses to which the products of the same type are ordinarily destined; and they present the usual quality and performance of a product of the same type and that they are fundamentally expected of the same. When this is not the case with regard to the products delivered to the User, the User must proceed as indicated in the section Return of defective products or delivery errors. However, some of the products marketed on the Website may present non-homogeneous characteristics as long as these derive from the type of material from which they have been manufactured, and which will therefore form part of the individual appearance of the product, and will not be a defect.

On the other hand, it may be the case that the User purchases from the Website a product of a brand or manufactured by a third party. In this case, and considering that the User is dealing with a defective product, the User also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise his legal warranty rights directly against them during the two years following the delivery of such products. In order to do so, the User must have retained all information in relation to the warranty of the products.

10. DISCLAIMER OF LIABILITY

Unless otherwise provided by law, Miriam EG Illustration shall accept no liability for the following losses, regardless of their origin:

  • any losses that were not attributable to any breach by you;
  • business losses (including loss of business profits, revenue, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred); or
  • any other indirect loss which was not reasonably foreseeable by both parties at the time the contract for the sale and purchase of the products was made between them.

Likewise,  Miriam EG Illustration also limits its liability in the following cases:

  • Miriam EG Illustration applies all measures concerning to provide a faithful visualization of the product on the website, however it is not responsible for the slightest differences or inaccuracies that may exist due to lack of screen resolution, or problems of the browser being used or others of this nature.
  • Miriam EG Illustration will act with the maximum diligence in order to make available to the company in charge of the transport of the product object of the purchase order. However, Miriam EG Illustration shall not be liable for damages resulting from a malfunction of the transport, especially for causes such as strikes, road delays, and in general, any other causes typical of the sector, which result in delays, loss or theft of the product.
  • Technical failures which, due to fortuitous or other causes, prevent the normal operation of the service via the Internet. Lack of availability of the website for maintenance or other reasons, which prevents the availability of the service. Miriam EG Illustration puts all the means at its disposal to carry out the process of purchase, payment and shipment/delivery of the products, nevertheless it is exempt of responsibility by causes that are not imputable to it, fortuitous case or force majeure.
  • Miriam EG Illustration will not be responsible for the misuse and/or wear of the products that have been used by the user. At the same time, Miriam EG Illustration will not be held responsible for an erroneous return made by the User. It is the responsibility of the User to return the correct product.
  • In general, Miriam EG Illustration shall not be liable for any failure or delay in the fulfilment of any of the obligations assumed, when the same is due to events beyond its reasonable control, i.e. due to force majeure, and this may include, by way of example but not exhaustive:
    • Strikes, lockouts or other industrial action.
    • Civil commotion, riot, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparation for war.
    • Fire, explosion, storm, flood, flood, earthquake, subsidence, epidemic or any other natural disaster.
    • Inability to use trains, ships, aircraft, motor transport or other means of transport, public or private.
    • Impossibility of using public or private telecommunications systems.
    • Acts, decrees, legislation, regulations or restrictions of any government or public authority.

In this way, the obligations shall be suspended for the period during which the force majeure continues, and Miriam EG Illustration shall have an extension of the deadline for performance for a period of time equal to the duration of the force majeure. Miriam EG Illustration shall use all reasonable means to find a solution to enable it to fulfil its obligations despite the force majeure.

11. WRITTEN COMMUNICATIONS AND NOTIFICATIONS

By using this Website, the User agrees that most communications with Miriam EG Illustration will be electronic (e-mail or notices posted on the Website).

For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that Miriam EG Illustration sends electronically comply with the legal requirements of being in writing. This condition shall not affect the rights recognized by law to the User.

The User may send notifications and/or communicate with Miriam EG Illustration through the contact details provided in these Conditions and, where appropriate, through the contact spaces on the Website.
The User may send notifications and/or communicate with Miriam EG Illustration through the contact details provided in these Conditions and, where appropriate, through the contact spaces on the Website.

Every time, unless otherwise stipulated,  Miriam EG Illustration may contact and/or notify the User at the email or postal address provided.

12. waiver

No waiver by Miriam EG Illustration of any particular legal right or action or failure by Miriam EG Illustration to require strict performance by the User of any of its obligations shall operate as a waiver of any other rights or remedies arising under any contract or the Conditions, or relieve the User from the performance of its obligations.

No waiver by Miriam EG Illustration of any of these Conditions or of any rights or remedies arising under a contract shall be effective unless it is expressly stated to be a waiver and is formalised and communicated to the User in writing.

13. NULLITY

Should any of these Conditions be declared null and void by a final decision of a competent authority, the rest of the clauses shall remain in force, without being affected by such declaration of nullity.

14. FULL AGREEMENT

These Terms and Conditions and any document expressly referred to herein constitute the entire agreement between the User and Miriam EG Illustration in relation to the subject matter of the sale and purchase and supersede any prior covenant, agreement or promise agreed to orally or in writing by the same parties.

The User and Miriam EG Illustration acknowledge that they have consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except as expressly set out in these Conditions.

15. DATA PROTECTION

The information or personal data that the User provides to Miriam EG Illustration in the course of a transaction on the Website, will be treated in accordance with the provisions of the Privacy Policy or data protection (contained, where appropriate, in the Legal Notice and General Conditions of Use). By accessing, browsing and/or using the Website the User consents to the processing of such information and data and declares that all information or data provided is true.

16. APPLICABLE LAW AND JURISDICTION

The access, browsing and/or use of this Website and contracts for the purchase of products through this Website shall be governed by Spanish law.

Any controversy, problem or disagreement arising out of or related to the access, navigation and/or use of the Website, or the interpretation and execution of these Conditions, or the sales contracts between Miriam EG Illustration and the User, shall be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.

17. COMPLAINTS AND CLAIMS

The User may send to Miriam EG Illustration any complaints, claims or any other comments he/she may have through the contact details provided at the beginning of these Conditions (General Information).
The User may send to Miriam EG Illustration any complaints, claims or any other comments he/she may have through the contact details provided at the beginning of these Conditions (General Information).

In addition,  Miriam EG Illustration has official complaint forms available to consumers and users, which they can request to  Miriam EG Illustration at any time, using the contact details provided at the beginning of these Conditions (General Information).

Also, if a dispute arises from the conclusion of this purchase contract between Miriam EG Illustration and the User, the User as a consumer may request an out-of-court dispute resolution, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013 on the settlement of consumer disputes online and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. You can access this method via the following website: https://ec.europa.eu/consumers/odr/.

This General Terms and Conditions of Purchase document was created using the online general terms and conditions of purchase template generator on 11/07/2021.