Terms and Conditions

GENERAL TERMS AND CONDITIONS OF SALE

To whom do these General Terms and Conditions of Sale apply?

These General Conditions of Sale exclusively govern all contractual relationships established between the art gallery that owns the website (hereinafter, THE GALLERYand the natural or legal persons who request or acquire works of art through it.

These conditions apply to both:

• final consumers acting for purposes outside their trade, business, craft or profession (B2C), as a
• professionals, companies, or entities acting within the framework of their economic or professional activity (B2B).

Making a purchase request or accepting a quote implies full and unreserved acceptance, of these GTC.

What type of artwork does THE GALLERY offer?

The works commercialized by THE GALLERY are considered original and unique works of art, created by contemporary artists.

Given its artisanal and artistic nature, the buyer acknowledges and accepts that there may be slight variations, irregularities, or particularities inherent to the creative process, the materials used, or the support employed, which they shall not be considered as defects nor shall they give rise to any liability on the part of THE GALLERY.

How does the purchasing process work and when is the contract formalized?

The purchasing process begins with a purchase request carried out through the website or via the channels enabled for this purpose.

Said request does not constitute a payment obligation or a binding purchase contract.

Upon receiving the request, THE GALLERY shall send the interested party a fixed and personalized budget, detailing:

• the final price of the work
• applicable taxes
• shipping costs and framing option, if applicable
• any other relevant condition

The sales contract shall be understood perfected solely when the buyer:

1. has expressly accepted the quote, and
2. has made the full payment of the indicated amount through the enabled payment method.

How are prices and taxes determined?

All prices are expressed in euros (€).

• In the operations carried out with final consumers (B2C), prices include legally applicable taxes, unless expressly stated otherwise.
• In the operations carried out with professionals or companies (B2B), taxes will be applied in accordance with current tax regulations and may be itemized separately on the corresponding invoice.

The buyer shall be responsible for any additional tax, fee, or levy that may be applicable in the destination country, where appropriate.

What are the payment terms?

The payment for the works shall be made exclusively via secure payment link provided by the platform Stripe.

Other payment methods will not be accepted, such as:

• bank transfers
• checks
• cash payments

except by prior and express written agreement between the parties.

The payment must be made by total amount indicated in the accepted quote and it will be an essential condition for the preparation and shipment of the work.

How are the shipping and delivery of the works carried out?

THE GALLERY manages the shipment of the works through art transport companies, in order to ensure their proper handling and protection.

The indicated delivery times are purely estimated and they can vary depending on:

• destiny
• carrier availability
• the specific characteristics of the work
• circumstances beyond the control of THE GALLERY

The risk of loss or damage shall be transferred to the buyer upon delivery of the work to the carrier, except in the case of consumers, in which case the applicable consumer protection regulations in force shall apply.

Is there a right of withdrawal for purchases made by consumers (B2C)?

In accordance with Royal Legislative Decree 1/2007, a buyer who has the status of a consumer generally has a fourteen (14) calendar days from the receipt of the work to exercise their right of withdrawal, without the need to justify their decision.

However, the consumer expressly acknowledges and accepts that the right of withdrawal it will not be applicable when:

• the work has been carried out in accordance with the buyer's specifications or has been clearly personalized,
• whether it is a work made to order, adapted to a specific request from the client, or created individually for them,
• or when the return is incompatible with the protection of the integrity of the work, its artistic value, or its uniqueness, provided that the legally established circumstances are met.

The exercise of the right of withdrawal will not apply in any case to purchases made by professionals or companies (B2B).

What conditions apply to returns when they are legally admissible?

When the return of a work is legally appropriate, it must be returned to THE GALLERY:

• en mint condition,
• without having been used beyond what is strictly necessary to verify its nature, characteristics, and authenticity,
• with his original packaging or, failing that, with equivalent packaging that guarantees adequate protection during transport.

The buyer shall be responsible for any decrease in the value of the work resulting from handling other than that which is necessary.

THE GALLERY expressly reserves the right to:

• reject the return, or
• apply a proportional depreciation

when the work presents damage, alterations, manipulations, mountings, framings, installations, or signs of misuse attributable to the buyer, or when the return is not compatible with the preservation of the physical, artistic, or economic integrity of the work.

What responsibility does THE GALLERY assume?

THE GALLERY shall not be responsible:

• of delivery delays attributable to the carrier or to circumstances beyond their control,
• nor from damages arising from external, unforeseeable or unavoidable causes.

Under no circumstances shall the liability of THE GALLERY exceed the actual amount paid by the buyer for the work subject to the claim, barring any mandatory legal provision to the contrary.

What happens in cases of force majeure?

Neither party shall be responsible for the total or partial failure to perform its contractual obligations when such failure is the result of an event of force majeure.

Force majeure shall be understood to mean any event unpredictable or inevitable, beyond the control of the parties, that prevents the normal fulfillment of contractual obligations.

What legislation applies and which courts have jurisdiction?

These General Conditions of Sale are governed by and construed in accordance with Spanish legislation.

• In operations B2C, the parties submit to the courts and tribunals of consumer's address, when established by applicable regulations.

In accordance with Regulation (EU) 524/2013, the European Commission provides an online dispute resolution platform available at:

https://ec.europa.eu/consumers/odr

Consumers will be able to submit their claims through said platform.

• In operations B2B, the parties expressly submit to the courts and tribunals of the city indicated in the website's legal notice, with express waiver of any other jurisdiction that may correspond to them.