These General Terms and Conditions (hereinafter "Terms") apply to all sales of Products made through the Service between Jose Antonio Perez Montero´s heirs (hereinafter "the Vendors") and the Buyer. They are intended to govern the relationship between the Vendors and the Buyers of Products.
1- Conclusion of the sales contract between the Buyer and the Vendor:
1.1 The Artworks are presented on the site with a description enabling the Buyer to know their essential characteristics and price.
1.2 The Buyer selects the Artwork(s) he wishes to purchase.
1.3 He confirms his choice of Product(s) and acknowledges and accepts the Terms herein by checking a box during the checkout process. He chooses to pay by credit or debit-card and proceeds to payment.
1.4 The Buyer receives an email confirmation that states that the order has been accepted. However, the sale contract between the Buyer and the Vendor shall be subject to the condition that the Product is available.
2- Price and payment.
The purchase price of the Product is determined by the Vendors. It is stated in euros not included tax and shipping costs that will be specified during the shopping cart confirmation. If customs duties, local taxes or import duties are payable, these rights are the responsibility of the Buyer and under its full responsibility, both in terms of returns and payments to the authorities / competent bodies. The Buyer is responsible to check with the relevant authorities.
The Buyer will be charged the price for the Product purchased plus delivery charges once the Vendor has confirmed the availability of said Product. In the event of unavailability of the Product, the Buyer will not be charged, and the payment will be canceled.
3- Security of payments
The Vendors have chosen strict tools in terms of securing payment methods. The Vendors have adopted as a payment method the Stripe System, a leader in online payments, using the SSL (Secure Socket Layer) and 3D Secure encryption method, currently the most efficient security systems, and establishing an encrypted connection directly between the Buyer and the bank.
The Vendors have, in no event, access to confidential information relating to the payment method that the Customer uses during checkout. That is why the Customer´s bank details will be requested for each new order. In fact, only Stripe has the confidential information which remains inaccessible to third parties.
Although the Vendors use encrypted security software, the security of information and payments transmitted via the Internet or e-mail cannot be guaranteed. The Vendors cannot be held liable for damages resulting from the use of electronic means of communication, including (but not limited to) damages resulting from failure or delay in the transmission of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications, and transmission of viruses.
4- Shipping methods and fees.
The Artwork shall be delivered to the address provided by the Buyer during his order. In this case, the Vendors, provided they have confirmed the availability of the Artwork, are in charge of packing the Artwork and making it available to a carrier. Transportation costs will be accepted by the Buyer when confirming his shopping cart.
Depending on the Buyer´s delivery address, different taxation rules and additional charges may apply. The Buyer will be responsible for payment of import duties and taxes that are not included. The Buyer is free to contact his local customs office for further information before placing his order.
Products are delivered to the address specified by the Buyer and it is the sole responsibility of the Buyer to ensure that the information he gives to the Vendors for this purpose is and shall remain correct.
The Buyer is allowed to track the status of its order on the carrier´s website, provided that the carrier offers a package tracking service.
5- Right of cancellation
Upon receiving the ordered Product(s), the Buyer has 14 days to exercise his right of withdrawal, without having to justify reasons or pay a penalty from the Vendors.
In accordance with the relevant legal provisions, in the context of a purchase from a professional Vendor established within the European Economic Area (member countries of the European Union as well as Iceland, Norway and Liechtenstein), the Buyer, if he is a citizen of said Area himself, has a period of 14 days from the receipt of the Product(s) he ordered to exercise, in relation with the said Vendor, his right of withdrawal, without having to justify his reasons or to pay a penalty.
The Buyer exercises his/her right of withdrawal directly from the Vendors by sending an email to: gallery.montero@gmail.com. The Buyers will manage the return of the work and will bear the cost of returns. Please note that if customs duties were paid by the buyer upon receipt, they will not be refunded. The Buyer have full responsibility of the shipment costs and any potential damage to the work upon its arrival. The refunds of the Vendors to the Buyer are made once it has been verified the good reception of the work. The work must be returned in perfect condition by the Buyer and in its original packaging.
6- Litigation - Disputes
Vendor undertakes to deliver a quality service to Buyers. In this regard, any Buyer has the right to report, by emailing the Vendors at the address gallery.montero@gmail.com, within 21 days from the receipt of any Artwork, any claim concerning the Artworks ordered, following the hereafter criteria:
• Product not received: the Product has not been received by the Buyer
• Non-compliant Product: the received Product does not correspond to the ordered Product
• Damaged Product: the received Product is damaged or broken.
In the case of a complaint from a Buyer regarding an Artwork, once the Vendor is informed of the said claim by email to the Vendors, the Vendors will be personally responsible of the resolution of the dispute with the Buyer. Disputes are directly ruled between the Buyer and the Vendors. The Vendors will make all the efforts necessary to resolve the dispute with the Buyer amicably.
Depending on the case, the declared dispute will result either in the return of the Artwork and the reimbursement of the Buyer by the Vendors or only in the reimbursement, total or partial, of the Buyer.
In case of return of the Artwork by the Buyer, the Buyer will be responsible for organizing the return of the Work and for taking all the costs to be borne by it. In this case the price of the Product(s) purchased will be reimbursed by the Vendors.
7- Privacy Policy
The Buyer is advised that all data collected through the Service when placing orders is processed by the Vendors for processing purposes of the orders. The Vendors agree to ensure the security of personal data they retain for the purposes of carrying out and tracking orders.
8- Partial nullity
If one or more provisions of these Terms are held to be invalid or declared as such under any law, regulation, or final decision of a competent court, other provisions shall remain in full force and scope.
9- Applicable law
These terms of use are subject to Spanish law. Any dispute concerning their interpretation and/or execution shall be relieved by the Spanish courts.