LEGAL ADVICE

Legal and general conditions of purchase and sale

 
OBJECT

These General Contracting Conditions regulate the acquisition by users of https://www.spanishcontemporaryart.gallery  of the products offered for sale on the Website.

The users can get in contact with SPANISH CONTEMPORARY ART GALLERY at the email address, customer@spanishcontemporaryart.gallery  and / or through the telephone number + 34 659 698 911

Through the SPANISH CONTEMPORARY ART GALLERY Website, it offers the users a platform that allows them to access and purchases of artworks originals, or any product or service related to the world of art.

The access to the Website is governed by the General Conditions of Use and Privacy Policy, which you agreed at the time of access on the Website. Of which, it will be applied, in the current version at all times, each time the user access the Website, and the purchase of any product on the Website is governed by these General Contracting Conditions. In case of conflict between the General Contracting Conditions of the Use and / or the Privacy Policy shall prevail whenever the text of the General Conditions.

SPANISH CONTEMPORARY ART GALLERY reserves the right to amend, without previous notice, the contents of the General Contracting Conditions for the customers, so that it recommends the USER to read the Terms every time he makes a purchase on the PORTAL of https://www.spanishcontemporaryart.gallery

 
PROTECTION OF PERSONAL DATA

Additionally, as indicated in the Data Protection Policy of the Website, which is fully applicable to this transaction SPANISH CONTEMPORARY ART GALLERY informs its users:

That the data provided by the user through the process of purchasing the Works will be used by SPANISH CONTEMPORARY ART GALLERY for the sole purpose of being able to formalize the sale price and manage the delivery and the eventual return of the purchased artwork.

What will be included in the files property and ownership of SPANISH CONTEMPORARY ART GALLERYdeclared and registered in the Spanish Data Protection Agency with the number: 2160252765

Do not store transaction data or data on means of payment.

AEPDThe users may at any time in accordance with the provisions of Spanish Law 15/1999 of December 15, Protection of Personal Data and its implementing regulations, exercise their rights of access, rectification, cancellation and oppose their personal data by written request by e-mail to customer@spanishcontemporaryart.gallery

The Agencia Española de Protección de Datos (Spanish Data Protection Agency) is the national data protection authority from the Kingdom of Spain. It is an agency dependant of the Spanish Ministry of Justice that was created in 1993, and it is tasked with protecting  the privacy of the information in the electronic commerce. This agency ensures compliance of the Organic Law 15/1999 as of December, 15 , for the Protection of Personal Data.

The Spanish Data Protection Agency is a public law entity with legal personality and full public and private capacity to act independently of public administration in the exercise of their functions. It ensures that the titulars of the files that contains personal information strictly follows the data protection legislation.

 
SALE OF WORKS

SPANISH CONTEMPORARY ART GALLERY declares that it has the sale rights, reproduction, distribution, and public communication of all the works ceded for sale at SPANISHCONTEMPORARYART.GALLERY. These rights have been ceded to SPANISH CONTEMPORARY ART GALLERY by the authors of the works or those authorized to cede the copyright.

The products that the users can purchase through the Website are the works of art originals provided by the authors, art galleries, businesses, or individuals who hold licenses or rights of exhibition and reproduction of the works.

SPANISH CONTEMPORARY ART GALLERY acts as an intermediary for the sale of original works, selling on behalf of the artist, the gallery, the enterprise, or the individual to the customer.

 
PAYMENT

SPANISH CONTEMPORARY ART.GALLERY make your purchases easy in a simple and totally safe manner through the following payment methods:

The prices of the Works are in Euros, includes VAT, taxes, tariffs export, transport insurance and transport these the final price will depend on the country of destination of the work, weight, dimensions, value, and average necessary transportation.

In case you have any problems with the payment, please contact us directly at the phone + 34 659 698 911, and customer@spanishcontemporaryart.gallery  through the contact form and we will respond as soon as possible.

In the case of an export of an original work, the exporter is SPANISH CONTEMPORARY ART GALLERY, and the importer is the client, taking responsibility for each of the export or import respectively.

 
PROTECTION OF PERSONAL DATA

Additionally, as indicated in the Data Protection Policy of the Website, which is fully applicable to this transaction SPANISH CONTEMPORARY ART GALLERY informs its users:

That the data provided by the user through the process of purchasing the Works will be used by SPANISH CONTEMPORARY ART GALLERY for the sole purpose of being able to formalize the sale price and manage the delivery and the eventual return of the purchased artwork.

 
SHIPIPING AND DELIVERY OF WORKS

After placing your order, the chosen work will be reserved and ready to be shipped. The works will be specifically packaged to avoid damages, insured, and sent by international couriers or freight forwarders specializing in works of art.

We will notify you via email the moment your purchase is delivered to the carrier, indicating the tracking or reference number and the approximate date of delivery. We recommend explicitly opening and examining the work in the presence of the carrier when you receive the shipment to verify its perfect condition.

The maximum period between the finalization of the contract of sale and delivery of the Works will be 40 days. For this purpose, the delivery will be deemed to have occurred in the time that the transport carrier enterprise responsible for transport of the Work of Art makes it available to the buyer. In the event that there would be a delay in the maximum established term attributable to SPANISH CONTEMPORARY ART GALLERY, the purchaser will be entitled to return the Work.

For this purpose, it is not considered that there is a delay in delivery of the Works on the assumption in which the Work has been retained in the export or import customs office or made available to the purchaser within the time allowed, but has not been delivered for reasons attributable to the buyer.

In the event that the transport enterprise made an unsuccessful delivery attempt, it will leave a delivery notice to the buyer, so that he can contact the shipping enterprise and arrange a new delivery.

In the event that neither the transport enterprise nor SPANISH CONTEMPORARY ART GALLERY could contact the user to coordinate the delivery of the Work within a maximum of 15 working days from the first delivery attempt. The transport enterprise may proceed for a refund of the Work to SPANISH CONTEMPORARY ART GALLERY, and the purchaser assumes all the costs incurred.

At the time of delivery, the buyer must check the status of the package, indicating on the delivery invoice of any abnormality he may have detected in it. In addition, if after opening the package, you detect any abnormalities in the Work, you are committed to notify SPANISH CONTEMPORARY ART GALLERY, through an email at customer@spanishcontemporaryart.gallery  with the subject and order number.

In the case of original works  and confers an export, the SPANISH CONTEMPORARY ART GALLERY is considered as the exporter, responsible for all export management. Similarly, the buyer will be considered as the importer of the work, which is payable to the shipper or transport enterprise at the time of delivery, the amounts paid in the event that there are tariffs or import taxes.

SPANISH CONTEMPORARY ART GALLERY sends their works to more than 200 countries and territories around the world through reputable international courier or freight forwarder specializing in works of art.

After placing your order, the chosen work will be reserved and ready for shipment.  The works will be specifically packaged to avoid suffering any damages, complying with the IATA rules and secured for transport. Is in compliance with ISPM 15 standards and International Regulations and procedures that  transport of works of art.

The works, for its size and delicacy, cannot be shipped in standard packaging, they will be drawn to tailor, and this process may take up two to three weeks.

We will notify you via email when your purchase is delivered to the carrier, indicating the tracking or reference number and the approximate date of delivery. We encourage you to open and examine the work in the presence of the carrier when you receive the shipment to verify its perfect condition.

In the event that the transport enterprise made an unsuccessful delivery attempt, it will leave a delivery notice to the buyer, so that he can contact the shipping enterprise and arrange a new delivery.

In the event that neither the transport enterprise nor SPANISH CONTEMPORARY ART GALLERY could contact the buyer to coordinate the delivery of the Work within a maximum of 15 working days from the first delivery attempt. The transport enterprise may proceed for a refund of the Work, and the purchaser assumes all the costs incurred.

At the time of delivery, the buyer must check the status of the package, indicating on the delivery invoice of any abnormality, he may have detected in it. In addition, if after opening the package, the buyer detects any abnormalities in the Work, you are committed to notify SPANISH CONTEMPORARY ART GALLERY, through an email at customer@spanishcontemporaryart.gallery  with the subject and order number.

 
PROPERTY AND ACCURACY OF THE CONTENT

The authors of the works, state that the entire contents provided is consistent with the reality of the products. In this sense, indicate that the descriptions, features, price, and picture of the same have been provided to SPANISH CONTEMPORARY ART GALLERY by authors that have provided the content, exempting entirely the responsibility to SPANISH CONTEMPORARY ART GALLERY by inaccurate or missing of veracity thereof.

The authors of the works guarantee SPANISH CONTEMPORARY ART GALLERY the authenticity of the original Works offered for sale through the Website as well as the immediate availability of the same in less than 72 hours.

After the communication of the sale is made to the manufacture of the packaging to proceed in order to ensure, their optimal transport conditions, and within the established availability of the data sheet set to work. Similarly, the authors state that they hold the copyright of the works displayed for sale and yield SPANISH CONTEMPORARY ART GALLERY the right of reproduction and public communication of them, in exchange for a commission on the sales made through a pre-set agreement.

 
OTHER SERVICES PROVIDED BY SPANISH CONTEMPORARY ART GALLERY

 
CANCELLATION AND RETURN

In addition to the right of return if the product is not to your liking, in the time determined by law (15 days from the date of receipt of the article) , the customer can exchange it for another of the same author and same or higher price, paying the difference, with insurance and transport costs at the customer’s expense.

In the case that the work suffers a sinister in the transport, SPANISH CONTEMPORARY ART GALLERY is committed to restoring, to redeem the work stricken for another chosen by the customer, or credit the customer for the amount paid for the work. This payment will be made by the same means that payment was made.

 
SAFETY MEASURES

SPANISH CONTEMPORARY ART GALLERY guarantees its users the security of transactions, because it has SSL Certificate encryption protocols and security services of high standards.

SPANISH CONTEMPORARY ART GALLERY never has access to confidential information (card number, expiration date) relating to the means of payment. 

Furthermore, SPANISH CONTEMPORARY ART GALLERY informs its users to enhance their guaranteed transaction security, it has installed a security protocol (HTTP) with the COMODO RSA Domain Secure Server CA and one of the largest and most recognized certifying enterprises in the sector of authentication and Internet security.

 
NULLITY

In the event that any clauses of these conditions were to be declared null, the remaining clauses must remain in effect and be interpreted in accordance with the will of the parties and the finality of the text.

 
LAW AND JURISDICTION

These conditions will be governed by the Spanish law. Any dispute arising from the interpretation and / or execution thereof, the parties submit themselves, and waiving any other jurisdiction, the jurisdiction of the Courts and Tribunals of the capital city of Murcia / Spain.

 
LANGUAGE

In case of any conflict of interpretation between the various translations of all of the legal conditions of SPANISH CONTEMPORARY ART GALLERY, the parties agree that the English version will prevail.