GENERAL TERMS AND CONDITIONS OF SALE
To whom do this General Terms and Conditions of Sale apply?
These General Terms and Conditions of Sale exclusively govern all contractual relationships established between the art gallery owning the website (hereinafter, THE GALLERY) and natural or legal persons who request or acquire artworks through it.
These conditions apply to:
final consumers acting for purposes unrelated to their commercial, business, trade or professional activity (B2C), as well as to
professionals, companies or entities acting within the scope of their economic or professional activity (B2B).
Submitting a purchase request or accepting a quotation implies full acceptance, without reservation, of these GTC.
What type of works does THE GALLERY offer?
The works marketed by THE GALLERY are considered original and unique artworks created by contemporary artists.
Given their artisanal and artistic nature, the buyer acknowledges and accepts that slight variations, irregularities or particularities inherent to the creative process, the materials used or the support may exist, which shall not be considered defects nor give rise to any liability on the part of THE GALLERY.
How does the purchase process work and when is the contract formed?
The purchase process begins with a purchase request made through the website or through the channels provided for this purpose.
Such request does not constitute an obligation to pay nor a binding sales contract.
After receiving the request, THE GALLERY will send the interested party a final and personalised quotation detailing:
the final price of the artwork
applicable taxes
shipping costs and framing option, where applicable
any other relevant conditions
The sales contract shall be deemed concluded only when the buyer:
has expressly accepted the quotation, and
has made full payment of the indicated amount through the enabled payment method.
How are prices and taxes determined?
All prices are expressed in euros (€).
In transactions with final consumers (B2C), prices include legally applicable taxes, unless expressly stated otherwise.
In transactions with professionals or companies (B2B), taxes shall be applied in accordance with the applicable tax regulations and may be itemised separately in the corresponding invoice.
The buyer shall be responsible for any additional taxes, duties or charges that may apply in the country of destination, where applicable.
What are the payment conditions?
Payment for artworks shall be made exclusively via a secure payment link provided by Stripe.
No other payment methods shall be accepted, such as:
bank transfers
cheques
cash payments
unless expressly agreed in writing between the parties.
Payment must be made for the total amount indicated in the accepted quotation and is an essential condition for the preparation and shipment of the artwork.
How are artworks shipped and delivered?
THE GALLERY manages the shipment of artworks through transport companies specialised in fine art, in order to ensure proper handling and protection.
The indicated delivery times are purely indicative and may vary depending on:
the destination
the availability of the carrier
the specific characteristics of the artwork
circumstances beyond THE GALLERY’s control
The risk of loss or damage shall pass to the buyer at the moment the artwork is handed over to the carrier, except in the case of consumers, in which case the applicable consumer protection regulations shall apply.
Is there a right of withdrawal for consumer purchases (B2C)?
In accordance with Royal Legislative Decree 1/2007, buyers qualifying as consumers have, as a general rule, a period of fourteen (14) calendar days from receipt of the artwork 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 shall not apply when:
the artwork has been made according to the buyer’s specifications or has been clearly personalised,
the artwork has been commissioned, adapted to a specific request of the client or created individually for them,
or where the return is incompatible with the protection of the integrity of the artwork, its artistic value or its uniqueness, provided that the legally required conditions are met.
The right of withdrawal shall not apply in any case to purchases made by professionals or companies (B2B).
What conditions apply to returns when legally applicable?
Where the return of an artwork is legally applicable, it must be returned to THE GALLERY:
in perfect condition
without having been used beyond what is strictly necessary to verify its nature, characteristics and authenticity
with its original packaging or, failing that, with equivalent packaging ensuring adequate protection during transport
The buyer shall be responsible for any decrease in value of the artwork resulting from handling other than that necessary.
THE GALLERY expressly reserves the right to:
reject the return, or
apply a proportional depreciation
where the artwork shows damage, alterations, handling, mounting, framing, installation or signs of improper use attributable to the buyer, or where the return is incompatible with preserving the physical, artistic or economic integrity of the artwork.
What liability does THE GALLERY assume?
THE GALLERY shall not be liable:
for delays in delivery attributable to the carrier or to circumstances beyond its control,
nor for damages resulting from external, unforeseeable or unavoidable causes.
In no event shall THE GALLERY’s liability exceed the amount actually paid by the buyer for the artwork subject to the claim, unless otherwise provided by mandatory law.
What happens in cases of force majeure?
Neither party shall be liable for total or partial non-performance of its contractual obligations where such non-performance results from a force majeure event.
Force majeure shall be understood as any unforeseeable or unavoidable event beyond the control of the parties that prevents the normal performance of contractual obligations.
What legislation applies and which courts have jurisdiction?
These General Terms and Conditions of Sale shall be governed and interpreted in accordance with Spanish law.
In B2C transactions, the parties submit to the courts of the consumer’s place of residence, where required by applicable regulations.
In accordance with Regulation (EU) No 524/2013, the European Commission provides an online dispute resolution platform available at:
https://ec.europa.eu/consumers/odr
Consumers may submit their claims through this platform.
In B2B transactions, the parties expressly submit to the courts and tribunals of the city indicated in the Legal Notice of the website, expressly waiving any other jurisdiction that may correspond to them.