Legal bases of the monthly draw
1. PARTIES AND ACCEPTANCE OF THE LEGAL TERMS AND CONDITIONS OF THE RAFFLE:
On the one hand, the organiser of the draw, BLOZGAP S.L. (hereinafter, "KUURTH"), a Spanish company with registered office at C/ dels Jocs Florals 1-3, 9º2ª, 08950, Esplugues de Llobregat, Barcelona, Spain, registered in the commercial register with CIF B02709707 and email address firstname.lastname@example.org, (hereinafter also the provider), being the owner of the website https://kuurth.com/, sets out the contractual document that will govern the contracting of the prize draw through the aforementioned website.
And on the other hand, the User - Client (hereinafter the User), registered on the website by means of a username and password, for which he/she has full responsibility of use and custody, being responsible for the veracity of the personal data provided to the provider.
Accept this document, and implies that the user:
Has read, understands and comprehends what is set out herein.
That he/she is of legal age and has sufficient capacity to contract.
That he/she assumes all the obligations set out herein.
That he/she has read and accepts the present legal bases of the draw from the moment he/she acquires any of the products offered.
This document can be printed and stored by the Users. The provider makes available to them the e-mail address email@example.com so that they can ask any questions about these conditions.
These conditions shall be valid for an indefinite period of time and shall be applicable to all contracts made through the provider's website https://kuurth.com/.
2. OBJECT OF THE CONTRACT:
2.1 Scope of application: The purpose of this contract is to regulate the contractual relationship of raffler-participant born between the provider and the user at the moment in which the latter accepts these legal bases during the online contracting process by checking the corresponding box. These terms and conditions shall apply from the day on which the order is placed.
The contractual relationship of raffler-participant entails the participation in a raffle when placing an order, in exchange for the price publicly displayed on the website, of a specific product (or several).
2.2 Territory of application: The online shop of https://kuurth.com/, is active worldwide.
2.3 Capacity to contract: In order to participate in the draw you must be of legal age and have the capacity to contract.
2.4 Customer acceptance: The validation of an order through the website is carried out by email and also implies the automatic acceptance of these legal bases. These conditions are available on the website https://kuurth.com/ or, if you wish and request, we can make them available to you by e-mail.
2.5. Modification of the General Conditions of the Prize Draw: KUURTH reserves the right to make changes and/or modifications to these conditions. We advise our customers to review them regularly. In the event that such changes or modifications are made after an order has been placed, the terms and conditions in force on the date on which the order was placed will apply.
3. Description of the prize: The prize of the prize draw will change every month and will always be a work of art, usually paintings, purchased by KUURTH under a sales contract from an independent artist on the artist's website. Also, the value of the prize may vary depending on the month, the first day of each month the provider will announce the artwork in question and the value of the prize on the following page: https://kuurth.com/collections/monthly-draw.
4. Start and end date of the draw: The Provider will hold a monthly draw, which will start on the first day of each month at 00:00 and end on the last day of each month at 23:59 UTC/GMT +1 hour.
5. Participation requirements: It will be possible to participate in the draw by placing an order at kuurth.com │ kuurth.de │ kuurth.org, in exchange for the price publicly displayed on the website, for a specific product (or products), accepting these legal terms and conditions and the general terms and conditions of purchase. Any order placed will be entered into the prize draw, regardless of the price of the order or the quantity of products purchased.
6. Draw procedure: The winner will be chosen at random, to ensure that the choice is completely impartial it will be made by using an external website or application, by entering the order numbers that have been entered within the time limit set out in point 4.
7. HOW WILL THE WINNER BE ANNOUNCED?
We will contact the winner of the draw via email, contacting the email address you provided when placing the order to inform you of your status as the winner of the monthly draw, and you will be asked to expressly accept the prize. The winner will be announced publicly when he/she accepts the prize.
The winner must accept the prize within 72 hours after the Provider contacts the winner by e-mail. If KUURTH does not receive confirmation of the winner's acceptance of the prize within this period, KUURTH will understand that the winner has waived his/her right to the prize.
In the event that the winner renounces the prize, the drawing will be carried out again following the procedure of point 6, and the prize will be transferred to the reserve winner.
Once the final prize has been accepted in accordance with the above, KUURTH will proceed to manage the delivery of the prize.
8. DELIVERY OF THE PRIZE
The work will be sent directly by the artist and the shipping information will be provided both to the author of the work and to the person in charge of the transport and delivery.
KUURTH is not responsible for possible errors in the data provided for the delivery of the prize that the winner may provide, as well as errors made by the artist when sending the work.
Law 35/2006 of November 28, 2006 on Personal Income Tax and Royal Decree 439/2007 of March 30, 2007, approving the Income Tax Regulations, shall be applicable to the prizes awarded, and Royal Decree 439/2007 of March 30, 2007, approving the Personal Income Tax Regulations.
In the case of a prize in kind with a value of more than 300€, BLOZGAP S.L. will make the following payment to the TA the payment on account of the IRPF, corresponding to 19% of the withholding base. The withholding base of the prize is understood to be the market value of the good delivered. The delivery of prizes is considered a capital gain for personal income tax or similar taxes in the case of non-residents. The winner must include in his/her taxable income the valuation of the prize plus the deposit on account made by BLOZGAP, S.L. in its taxable income tax return.
Participants not residing in Spain will also be subject to withholding and will be governed by the Royal Legislative Decree 5/2004, March 5, which approves the revised text of the Non-Resident of the Law on Income Tax for Non-Residents.
9. INTELLECTUAL PROPERTY:
The designs, logos, texts and/or graphics used for the publication and development of the sweepstakes are the property of KUURTH. In case it is necessary, there is a license or express authorization from the authors. All contents are duly protected by intellectual and industrial property regulations.
The total or partial reproduction, use, distribution and public communication require prior written authorization from the provider. Any use not previously authorized by the provider will be considered a serious breach of the intellectual or industrial property rights of the author.
The designs, logos, text and / or graphics outside the provider and that may appear, belong to their respective owners, being themselves responsible for any possible dispute that may arise in respect thereof. In any case, the provider has the express and previous authorization from them.
To make any comments regarding possible breaches of the rights of intellectual or industrial property, as well as on any of the contents of the website, you can do so via email above.
10. DATA PROTECTION:
BLOZGAP S.L. with CIF B02709707 as data controller, informs that the personal data provided are collected for the purpose of managing the development of the draw.
The personal data provided will be kept until the sweepstakes is carried out, and will then be blocked for the legally established period of time before being destroyed.
In case you are the winner you are informed that your data will be shared to third parties, in order to deliver the prize. You are also informed that we will use data such as the order number to announce the winner in our networks and website.
The affected person has the right to obtain confirmation as to whether or not BLOZGAP S.L. processes personal data concerning them. The affected person has the right to access their personal data, as well as to request the rectification of inaccurate data or, where appropriate, request its deletion when, among other reasons, the data is no longer necessary for the purposes for which it was collected. In certain circumstances, those affected may request the limitation of the processing of their data, in which case they will only be kept for the exercise or defense of claims. In certain circumstances and for reasons related to their particular situation, data subjects may object to the processing of their data. BLOZGAP S.L. will stop processing the data, except for compelling legitimate reasons, or the exercise or defense of possible claims. Under the right of portability, the data subject has the right to obtain their personal data in a structured format for common use and machine readable and transmit it to another controller.
The applicant may exercise their rights by writing to BLOZGAP S.L, C/ dels Jocs Florals 1-3, 9º2ª, 08950, Esplugues de Llobregat, Barcelona, reference "Data Protection". Or by e-mail to the address firstname.lastname@example.org indicating in the subject "Data Protection".
If you consider that your rights have not been adequately addressed, you have the right to file a complaint with the Spanish Data Protection Agency.
In the event that the winner wishes to return the order for any reason within 30 days of receiving the order and the prize has already been shipped, instead of a refund, the winner will be given the option of an exchange or a voucher card for the amount of the purchase made. If the winner has already exercised his/her right of withdrawal before the prize is shipped to him/her, he/she will not be selected as a winner and point 7 on the substitute winner will apply.
12. PENALTIES IN CASE OF FRAUDULENT USE:
In the event that KUURTH or other professionals linked to this draw should detect any anomaly or suspect that they are impeding the normal development of the draw, illegally altering their participation, by means of any technical or computer procedure in order to falsify their participation, the participant's registration may be unilaterally cancelled. Consequently, KUURTH reserves the right to cancel the registration of any customer whom it has evidence or suspects of having committed a fraudulent or irregular act.
The PRIZE that is the object of the present DRAWING is not, in any case, exchangeable for money or any other prize at the winner's request. All expenses arising from additional charges and taxes that may be incurred in connection with the acquisition or enjoyment of the PRIZE shall be borne by the winner.
13. POSSIBILITY OF EXTENDING OR SUSPENDING THE DRAW:
KUURTH reserves the right to unilaterally modify the end date of the DRAW, as well as the right to suspend or cancel it if, due to technical or any other causes beyond its control, it is unable to comply with the normal development of the same, in which case it will be announced through the website: www.kuurth.com.
14. DISCLAIMER OF LIABILITY:
KUURTH will not be responsible for any loss, deterioration, delay, theft or other circumstances attributable to third parties that may affect the development or delivery and enjoyment of the PRIZE of this sweepstakes. KUURTH is not responsible for misuse, damage, defect of the prizes, delay of the winner in the recovery of the prize, failure or incident.
15. DISPUTES AND APPLICABLE JURISDICTION
These Rules are subject to Spanish law. Any claim related to the Sweepstakes must be sent in writing to BLOZGAP S.L, at the address C/ dels Jocs Florals 1-3, 9º2ª, 08950, Esplugues de Llobregat, Barcelona, Spain, within thirty (30) days after the deadline for participation in the Sweepstakes. In case of controversy in the application or interpretation of these Rules and in the absence of an amicable agreement, all litigation will be subject to the Courts of the city of Barcelona.