Friends of the Foundation Programme. General Terms and Conditions

First. General issues

These general terms and conditions apply to contracts for programmes relating to the FRIENDS OF THE FOUNDATION PROGRAMME entered into via the website miromallorca.com (hereinafter, the ‘Website’) and constitute a contract between any person who enters into such a contract (hereinafter, the ‘Customer’) and the Pilar i Joan Miró Foundation in Mallorca, with registered office at Carrer Saridakis, 29, 07015 Palma (Balearic Islands), Spain, with Tax Identification Number G57753915 (hereinafter, the ‘FPJM’).

For any enquiry, request, complaint or any other matter related to the aforementioned FRIENDS OF THE FOUNDATION PROGRAMME, the Customer has the following channels available:

Signing up for the FRIENDS OF THE FOUNDATION PROGRAMME implies full and unconditional acceptance of these General Terms and Conditions, the Legal Notice and Rules section, and the Website Privacy Policy section, all in their most recent and updated version, without prejudice to any specific conditions that may exist in each case. The FPJM reserves the right to modify the content of these General Terms and Conditions at any time.

Second. Regulatory framework

These General Terms and Conditions are subject to the provisions of Law 7/1998 of 13 April on General Contracting Conditions, Royal Legislative Decree 1/2007 of 16 November, approving the consolidated text of the General Law for the Protection of Consumers and Users and other complementary laws, Law 34/2002 of 11 July on Information Society Services and Electronic Commerce, and, subsidiarily, the Spanish Civil Code and the Spanish Commercial Code.

Third. Contracting

The programmes relating to the FRIENDS OF THE FOUNDATION PROGRAM are addressed exclusively to Clients who are of legal age, have full legal capacity to enter into contracts, and who have had knowledge and understanding of these General Terms and Conditions, the content of the various Programmes (and specifically the Programme chosen), and the other sections of the Website mentioned above.

Therefore, the contracting of any of the Programmes by the Client implies the Client’s declaration that the above requirements are met, as well as the declaration that the data provided and supplied by the Client are complete, accurate and up to date.

With regard to the content of the Programmes, each programme includes the conditions and benefits detailed in accordance with the terms stipulated on the descriptive page of the different Programmes. These specific conditions, together with these General Terms and Conditions, must be accepted by the Client before completing the contracting process.

The contract may validly be concluded in Spanish and in the other languages available on the website. In the event of any discrepancy between the translated versions of these conditions, the Spanish version shall prevail.

With regard to the contracting procedure, once the desired Programme has been selected on the website, the contracting process consists of the following stages:

  1. Quantity: Indication of the number of units of the selected plan to be contracted.
  2. Collection of personal data and acceptance of the general conditions.
  3. Card details request and payment by card via STRIPE. The user will be temporarily redirected securely to the bank’s website.
  4. Confirmation: Confirmation that the order has been successfully processed. An order confirmation will also be sent to the email address provided by the Client.
  5. Correction of errors: At each step of the purchase process, any errors in the entry of data may be corrected using the browser’s “back” button. Likewise, the Confirmation sent will summarise the purchase details. Should any errors be detected, the Client must request the appropriate corrections by sending an email to: amics@miromallorca.com

The contract may validly be concluded in Spanish and in the other languages available on the website. In the event of any discrepancy between the translated versions of these conditions, the Spanish version shall prevail.

Fourth. Price and payment methods

The conditions, the price of the different Programmes, as well as the accepted payment methods, are those expressly determined in the specific conditions available through the different steps of the contracting process.
Unless specifically stated otherwise, the prices indicated are Retail Prices, VAT included (where applicable).

The transaction will be carried out in EUROS, regardless of the Client’s country of origin.

If any physical shipment is required, the indicated prices do not include shipping costs.

Promotions and offers shall only be valid for the period during which they remain accessible to the recipients of the service.

Fifth. Collection and delivery times

Once the contracting process has been completed, the delivery of the card will take place in one of the following ways: physical collection, postal delivery, or, when available, delivery of a digital card by email.

The contracted Programmes will be available from the moment the purchase is confirmed. The Client expressly accepts that the programme begins at the same moment as the confirmation, which shall be considered the start of performance, including for the purposes of Article 103(a) of Royal Legislative Decree 1/2007.

The products purchased shall be delivered exclusively to the person identified in the order.

Sixth. Right of withdrawal

Exercise

In accordance with Articles 97.1(i) and 102 of the Consolidated Text of the General Law for the Protection of Consumers and Users, the Client has the right to withdraw from this contract without giving any reason within 14 calendar days from its conclusion.

To exercise this right, the Client must notify FPJM of the decision to withdraw from the contract by means of an unequivocal statement sent through one of the following channels:

  • Email: amics@miromallorca.com
  • STRIPE platform: In accordance with the specific terms of each product, you may cancel any consumer service at any time and for any reason by discontinuing the consumer service or deleting your account as described in the Stripe Account Terms. Termination will be effective on the date your account is closed.
  • Telephone: (+34) 971 701 420
  • Postal communication: Carrer Saridakis, 29, 07015 Palma (Illes Balears), Spain

Optionally, you may use the model withdrawal form available at [insert link or indicate where it can be found], although its use is not mandatory.

Effects of withdrawal

In the event of withdrawal, we will reimburse the amount paid within a maximum period of 14 calendar days from receipt of your communication, using the same means of payment used for the initial transaction, unless you expressly provide otherwise.

Exceptions

Withdrawal may only be exercised if the Client has not enjoyed any of the benefits provided under the contracted Programme. If the Client has enjoyed any of the benefits provided, this shall imply full performance of the service for the purposes of Article 103(a) of Royal Legislative Decree 1/2007, and therefore the right of withdrawal shall not apply in such case.

Seventh. Validity of the clauses

If one or more of the clauses included in these General Terms and Conditions is declared wholly or partially null or ineffective, this shall affect only that provision or the part thereof declared as such, and the remaining provisions of the General Terms and Conditions shall remain in force, with the affected provision or part thereof being deemed not included.

The contracting of any of the Programmes necessarily implies that each and every one of these General Terms and Conditions, considered as an integral part of the Contract, is expressly accepted by the Client.

Eighth. Applicable law and jurisdiction

This contract shall be governed by Spanish law, excluding its conflict-of-law rules.

Without prejudice to the rights granted to consumers regarding jurisdiction under Royal Legislative Decree 1/2007 of 16 November, any dispute arising from the use of the Website or the services linked to it shall be submitted to the jurisdiction and competence of the Courts and Tribunals of Palma de Mallorca, the Client expressly waiving any other jurisdiction that might otherwise apply.