Terms of service

GENERAL CONDITIONS OF USE

Following the guidelines established by Spanish legislation in the Law on Information Society Services (LSSI), which was published in the Official State Gazette (B.O.E.) on July 12, 2002, we present the following document:

Legal scope

The following provisions establish the general terms and conditions of sale (GTC) that will apply to all orders placed through our online store. Our online store is intended exclusively for consumers.

Consumers or users are considered to be natural persons acting for a purpose that is outside their trade, business, craft or profession. Entities without legal personality acting on a non-profit basis in a field that is not linked to a commercial or business activity are also considered consumers.

Service description

Any individual accessing this website shall be considered a user, committing to strictly observe and comply with the provisions set forth herein, as well as any other applicable legal provision.

Fine Artic reserves the right to modify any information that may appear on the website, without the obligation to pre-notify or inform users of such modifications. Publication on the provider's website shall be understood as sufficient.

Fine Artic offers a variety of online services to its users and clients. Currently, the only service available is the sale of paintings. Fine Artic allows users to browse its website and purchase any painting offered on it.

Contractual information, conclusion, and corrections

The display of products in the online store constitutes a legally binding offer for consumers. You can add our products to the cart without obligation and make corrections before pressing the button to confirm your order. The contract is considered concluded at the moment you confirm the purchase. Subsequently, you will receive an order receipt confirmation by email.

We keep a record of each order and send the client the details along with our terms by email. Likewise, the client has the possibility to view the General Terms and Conditions at any time from this very website, in addition to reviewing previously placed orders by accessing their customer account.

The language used during the entire procedure will be Spanish, unless the user accesses the website through another language variable.

Data protection and privacy

Fine Artic is committed to maintaining a privacy policy regarding the personal data of our users. This policy covers everything related to the collection and use of information provided via the Internet.

Regarding data protection, Fine Artic adheres to the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016).

For more information on this topic, as well as to know all the rights that assist you regarding your personal data, we recommend that you consult our "Privacy Policy" section.

Payment

On our e-commerce platform, we initially make the following payment methods available. We reserve the right to limit the selection of payment methods depending on the order amount, the device used, or other objective criteria.

1. Card Payment: During the checkout process, you provide your payment card details. The charge to your card will be processed immediately after confirming the order.
2. PayPal: To pay the invoice via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, Luxembourg ("PayPal"), you must have a registered PayPal account, authenticate with your credentials, and confirm the payment transaction. The transaction will be carried out via PayPal immediately after confirming the order. During the checkout process, you will receive additional instructions.

PayPal may offer registered customers, selected according to its own criteria, additional payment options in their account. We have no influence over the availability of these options. Any payment method offered individually will affect your legal relationship with PayPal. Find more information about this in your PayPal account.

Legal warranty

In the event that the product has any defect, Fine Artic will proceed, as appropriate, to repair, replace, reduce the price or terminate the contract. These procedures will be completely free of charge for the customer. Fine Artic will be liable for any lack of conformity that becomes apparent within a period of 2 years from the delivery of the product. The customer must notify Fine Artic of the lack of conformity within a period of 2 months from the moment they became aware of it.

Returns (Right of withdrawal)

The customer has the right to request a product exchange or a full refund of the order amount (including both the order amount and the original shipping costs) within a period of 14 calendar days from the date of receipt of the order.

The reimbursement of the amounts derived from the exercise of the right of withdrawal will be made within 14 calendar days following the receipt of the product.

Except as stated above, the right of withdrawal will not apply if the order to be returned is a custom product, considering as such the paintings that are not found on our website and that the customer ordered after previous contact by email or WhatsApp.

Likewise, the right of withdrawal shall not apply to orders exceeding $50 placed from outside the European Union, the United Kingdom, or Switzerland. In these cases, due to logistical constraints, the production of the painting would have been outsourced to partner producers who do not accept returns.

Return procedure

To exercise the right of withdrawal within this period, the customer must contact us through our contact page or by sending an email to info@fineartic.com. In both cases, it will be necessary to fill in the required data, as indicated in the return form. Once the return is accepted, the address where the product should be returned will be provided by email.

The customer must return the product to Fine Artic via a transport service, assuming the corresponding costs, within the established period.

The refund of the amount will be made using the same payment method used in the purchase, unless an agreement is reached between Fine Artic and the customer to make the refund by another method.

In the case of an exchange, Fine Artic will manage the exchange and send it to the customer at no additional cost, once the product to be replaced has been received. Although we are flexible regarding exchanges and are open to offering other conditions at the customer's convenience.

For any claim or suggestion, you can contact us through our contact page or by sending an email to info@fineartic.com.

Intellectual property

The user declares and guarantees to be the holder of the intellectual and industrial property rights of the content sent to Fine Artic to make customized orders, or failing that, to have the pertinent authorizations from the owners to do so. Fine Artic will not be responsible for infringements of third-party rights derived from the breach of this obligation by the user.

On our website, we include paintings of images owned by Fine Artic, public domain images, and Creative Commons licensed images. In the latter case, we mention the corresponding authorship on the same page of each painting.

If you are the rights holder of any image published on our site and you consider that it infringes your rights, please contact us at info@fineartic.com to resolve any pertinent claim; you can do so through the following contact form. We will be open to helping you in whatever is necessary.

Hyperlinks

Fine Artic assumes no responsibility for the contents of websites or files that can be accessed via hypertext links available in its contents. These links lead to pages whose responsibility falls on their respective owners. Therefore, this page does not endorse or appropriate the products, services, contents, information, data, or any other type of material present on said web pages or files. Furthermore, it exercises no control nor assumes responsibility for the quality, legality, reliability, or usefulness of the information, contents, and services offered on the linked sites that are independent of this page.

In the event that the illegality of the data is determined by a competent authority, ordering its deletion or access restriction, or in the event that the existence of an infringement has been confirmed and we have been officially notified of the corresponding resolution, the indicated links will be immediately removed.

Responsibilities

Fine Artic declines all responsibility for any possible damages of any kind that may arise due to the lack of availability or continuity in the operation of fineartic.com, as well as for an improper use of the website and/or its contents.

Applicable Law

The legislation governing this contract shall be Spanish Law. In the event of any conflict or discrepancy arising in the interpretation or application of these contractual conditions, the Courts and Tribunals designated by the applicable legal regulations on competent jurisdiction will be responsible for hearing the matter.

Online Dispute Resolution Platform

We also remind you that you can access the European Union's online dispute resolution platform through the following link: Link to the EU dispute resolution platform