GENERAL TERMS & CONDITIONS

These general conditions of contracting are established, in accordance with ANNEX A, on the one hand, between the company ARTIG GALLERY, SOCIEDAD LIMITADA, and, on the other hand, anyone browsing, interacting or ordering any product listed from this platform, or anyone enjoying the services of Artig Gallery. Interaction with this WEBSITE to make any purchase, transaction or any other interaction with Artig Gallery, implies acceptance of these General Conditions and any other specific conditions in the case of purchase which the user will be required to accept specifically.

1. Object of Artig Gallery.
This General Conditions of Use, Contracting and Sale (hereinafter "General Conditions") govern the use of the website www.artiggallery.com (hereinafter the "WEB" or "www.artiggallery.com"), an online platform for Artists and Collectors, which is owned and managed by ARTIG GALLERY, in order to publicize the artists and their works, which are intended for sale, temporary rent or analogues, by individual members of the site, which can access the platform to learn and acquire such works through it.
The ARTIG GALLERY platform is linked to the following social media networks: Facebook, Instagram and Pinterest. (See section 1 Annex A)

2. Registration at Artig Gallery.
Offers published on www.artiggallery.com are free and the access is open for any potential member. However, to access the site and therefore, the offers of works and products, it will be necessary to enter www.artiggallery.com. To register at Artig Gallery, anyone interested must be at least 18 years old, must have the capacity to register and contract, must have read and accepted the Conditions of Use, the cookies Policy and the Privacy Policy, and must have filled out all required fields of the Registration Form. The user guarantees that the details provided in the Registration Form are complete, accurate and in accordance with reality.
The cancellation of the registration is free and can be made without prior notice. To cancel the registration, the user will only have to notify such cancellation by email to service@artiggallery.com. Each Member will be provided with just one access account.
Once the Collectors Registration Form has been completed, it will automatically be forwarded to Artig Gallery, which will confirm the registration application. The collector will have to confirm the registered email address and thereafter will receive a confirmation email with the designated email address, the confirmation of its registration at www.artiggallery.com. (See section 2 Annex A)

3. Works offered.
According to the General Conditions of the Artist, the published works on the platform are developed, made and created by the Artist, and they are totally original and unique. If that would not be the case, the sale or disposition of the work will be regarded as fraud, and the Member will be able to exert all actions she or he considers appropriate against the artist, in order to defend her or his interests, including the claim for the damages incurred. (See section 3 Annex A).

4. Prices and shipping costs.
All orders made by the Member on the platform are subject to the prices offered and listed on the WEBSITE for each work at the time of placing the order, unless an error occurs. (See section 4 Annex A) The mentioned prices of the products include the corresponding tax, which depends on the country of origin of the work, and any other taxes that may be applicable. However, this amount will not include under any circumstances the shipping costs or import of products, which vary depending on each order and each work, depending on whether expenditures are catalogued ordinary or extraordinary, according with the following characteristics:

Standard Delivery
We work with reliable shipping companies which deliver artworks usually within 2 3 days after pick up from the artists.The following artworks can be sent by Standard Delivery:
  • Works that can be rolled up or folded with a max. length of 100cm. Includes most Illustrations, Prints and Photographs.
  • Static works with a maximum size of 100cm x 80 cm x 5 cm and/or weight of 10kg. Includes most sizes XS to L.

    Special Delivery through expedition
    All other works and very fragile items will be shipped by an expert art transport. Artworks eligible for Special Delivery include most sizes XL, most glass framed works and sculptures.
    The buyer will cover the ordinary and extraordinary shipping costs that will vary depending on the characteristics of the work and the destination, and which will be calculated once the consumer has introduced the delivery address.
    Artig Gallery does not ship to islands, except Balearic Islands, nor to remote regions. Additional costs may apply for the customer in areas with difficult access.

    5. Purchase of the artwork.
    The purchase of products at www.artiggallery.com has to be carried out, in accordance to section 5 of ANNEX A, following the procedure established for that purpose on the website, in the "Shopping Cart" section.
    After the completion of the appropriate forms ("Billing Address", "Payment Details" and "Order Details"), within the next 24 hours, Artig Gallery will send an email to the buying Member, acknowledging the order and confirming the purchase.
    The payment, made by the Member, is equivalent to the full acceptance of prices, the description of the products for sale and the General Conditions of Sale, as well as any other condition specified in the order itself, which may depend on the ownership of it and its characteristics.
    The contract is perfected at the time when Artig Gallery confirms the purchase made by the member.

    6. Payment of the work.
    Users can pay the orders with the following payment methods:
  • Bank credit card or debit card. Artig Gallery accepts: MasterCard, Visa, American Express, analogue cards.
  • PayPal system
  • Direct money transfer. Mandatory for purchases above € 2000.

    The total purchase price will be charged on the card designated by the user when placing the order. (See section 6 ANNEX A)

    7. Discount codes & gift cards.
    The user can receive a discount code (see section 7 ANNEX A) when a specific campaign takes place at www.artiggallery.com, which can be valid for shipping cost reductions or other discounts.
    These vouchers consist of codes that are transmitted personally to Members, to take advantage of offers or services of the platform. The codes usually expire after their use and the conditions of each code or discount appear explicitly developed at the time of communication by www.artiggallery.com. The expiration date of each discount code is communicated with the information of each code or within 12 months after the purchase or issuance date by Artig Gallery.

    The user has the option of purchasing a gift card for a third person (See section 7 ANNEX A) in the section "gift cards”, Artig Gallery provides cards of different amounts and formats. The gift card will be sent to its beneficiary (it will be understood that the owner of the gift card is the bearer), according to the chosen options by the purchaser in one of the following formats:
  • Electronically, in pdf format to the email indicated by the buyer.
  • In paper format, to the address indicated by the buyer (shipping and preparation will be charged to the Gift Card purchaser).

    8. Product Delivery.
    The product will be delivered at the address provided by the user buyer, the address must be within the valid sending countries mentioned in our "SHIPMENT" section.
    Unless expressly indicated otherwise during the purchase of the specific product, the delivery period will be understood from Monday to Friday, which excludes Saturdays, Sundays and, in addition, national holidays.
    The Member is responsible for providing the correct address and the time of delivery. A successful delivery to the provided address has to be made possible during the normal working hours of a delivery company. Artig Gallery may cancel the order if it cannot be delivered to the Collector.
    Artig Gallery cannot determine a specific deadline for sending the product (notwithstanding an approximation), since this ultimately depends on the Artist or supplier. The estimated times for shipment, (which are not binding), are available to the Member, in the product pages and "SHIPMENT" section.
    Delivery will be considered completed, from the moment that the artwork has been made available to the Member buyer, in the indicated place of delivery. At that time, the Artist’s responsibility for the work will be canceled, without prejudice of the work being delivered with damages or non conforming to the specifications of the characteristics of the work. The responsibility of taking proper care of the artwork will be passed to the customer from the moment the product is delivered to the customer, in accordance with the provisions of the General Conditions.

    9. Artig Gallery’s responsibility.
    READ THE PROVISIONS CONTAINED IN ANNEX B CAREFULLY
    In no event will Artig Gallery, or our directors, employees or agents be liable for direct, special, indirect or consequential, or any other damages of any kind, including but not limited to, the loss of use, lost profits or loss of data, whether in an action in contract, tort (including, but not limited to, negligence) or any other form, even if advised of the possibility of such damages, arising from or relating to:
  • The information contained and exposed at the Artig Gallery platform, including staff members and artists, works, products and other content posted there.
  • The works, services or products offered on the Web or platform, its features, availability, authenticity and analogues.
  • The sale of the work, acting as a mere depositary of the amount paid by the purchaser.
  • The packing, packaging, transport and delivery of works, products and / or order process.
  • The delays, injuries, damages, losses, or others that prevent from the use and enjoyment of the artwork, service and product in accordance with the features and reasons why the work was purchased, as well as the use or inability to use our services or works.
  • The cost of replacing works, services or information obtained from transactions through our services.
  • Unauthorized access or alteration of the content.
  • Damages caused by loss or corruption of data or programs, service interruptions or obtaining substitute services, even if advised of the possibility of damages.
  • Statements, or omissions by members, suppliers or any third party, any information related or introduced in our services, or other information related to the use of these , including without limitation, everything that may generate a damage of any kind , emotional distress, death , or any other damages resulting from communications with other members or third party.
  • Any other matter arising from, or connected with, or related to our services or these terms.

    10. Right of withdrawal of the consumer.
    READ THE PROVISIONS CONTAINED IN ANNEX C CAREFULLY
    The Member may exercise her or his right of withdrawal in a period of 14 natural days. The period of withdrawal will expire in 14 days; counted from the date of acquisition of the work, product or order by a Member or a third party indicated by him (The person present at the by the user provided address will be considered authorized).
    To comply with the withdrawal time limit, it is enough for the notification concerning the exercise of the right of withdrawal, to be sent before the expiration of the withdrawal period. You may make such notification through the Withdrawal Form.
    All payments made by the Collector will be returned to her or him, excluding the delivery charges, which amount won’t be returned to the Buyer (neither the ordinary delivery nor the extraordinary delivery). The reimbursement will be made through the same means of payment used by the Collector for the initial transaction, unless you he or she has expressly communicated the opposite, without incurring in any extra fees as a result of this reimbursement . The artwork will be returned to the address from where it was sent.
    The costs of returning the Work will be paid by the Collector and User, who must do everything possible to ensure that the return of the work or order will be done under the same conditions in which it was received, and will avoid any damage, deterioration or loss, responding the Member in such circumstances. In this regard, it is advisable for the consumers to read carefully and be aware of the shipping charges for works with extraordinary shipment; which charges vary depending on the characteristics of the work. It will be necessary for the work to be returned in the same packaging in which the consumer received it, unless it had become unusable at the time of delivery. In this case, the consumer is responsible of packing the Work with total care for the transport. For this purpose, the consumer could ask for instructions from Artig Gallery by writing an email to service@artiggallery.com.

    Exceptions of the Right of Withdrawal
    Notwithstanding the foregoing, THE RIGHT OF WITHDRAWAL IS NOT EXERCISABLE, and therefore the following works are excluded from returns:
  • Personalized Artworks
  • Commissioned Artworks
  • Artworks that have been framed on request (and are available without framing)
  • Limited Editions


    ANNEX A: TERMS & GENERAL CONDITIONS OF THE USER.

    Introduction
    The Terms of Use detailed below will be applied whenever the Member visits Artig Gallery, which implies that they MUST BE READ CAREFULLY, in order to acknowledge the rights and obligations generated by being an User of this platform and being able to exercise them if necessary. When the User accesses, uses, registers or enjoys the services provided by Artig Gallery, he or she accepts the conditions and commits to fulfil them.
    By using Artig Gallery, the Member guarantees having the right, authority and capacity to access the page, and agrees to follow the conditions and not to violate any law or rule of the country of residence. The Member is the only one responsible for respecting local laws and regulations.
    The purpose of these General Conditions is to define the situations in which Artig Gallery allows the User /Member / Collector, the access and navigation in the website.
    The General Conditions define the modalities of services between the Member and Artig Gallery, from placing the order, to delivery and payment of the service, as well as pre- and post-sales service.
    To interact with the WEBSITE and purchase the product offering, it is necessary to register at www.artiggallery.com. The potential participation and purchase on the site, will only take place after registration as Member or Collector, through the procedures in this website. Consequently, the Member will receive informative emails by Artig Gallery, if they have accepted so when becoming a Member.
    By accepting these General Conditions, the User consents and agrees to become a Member of www.artiggallery.com, her or his data will be integrated in the files and databases of Artig Gallery, who will give these files the corresponding treatment in accordance with the applicable law and the Privacy Policy of this website.
    The User must have carefully read the General Conditions before contracting the services. The placing of an order by the User entails in any case the total commitment and unreserved acceptance of these General Conditions and Privacy Policy.
    These General Conditions apply to all contracts concluded by Members through www.artiggallery.com, as well as in all kinds of business relationships between Artig Gallery and its Members.

    Definitions
    In these Terms of Use, the words listed below have the following meanings:
  • Artig Gallery: Online platform for Artists and Collectors, created in order to publicize Artists and their works, which are intended for sale, temporary transfer or analogue by individual Members of the site, which can access the platform to learn and acquire such works through it.
  • Service (s): Set of services available to Members of Artig Gallery.
  • Member (s) / Collector (s): Person or group of people, who have access to services and works of the Platform, as well as the information provided by the Artist.
  • Artist (s): A person or group of people who are part of the platform, in order to advertise themselves and their work, with the purpose of selling them or transferring them temporarily to the Member or Collector.
  • Site: Site of the Internet owned by Artig Gallery that can be accessed using the www.artiggallery.com direction.
  • Conditions of Use: It refers to this same contract.
  • Collector Registration Form: required data to initiate a purchase of an artwork to the platform Artig Gallery.
  • Withdrawal Form: Data required either to contact the Member Services Support of Artig Gallery or for the Member Support itself to contact the Member.
  • Discount Code: Codes that are transmitted personally to the Members or the future Members, in order to benefit from offers or platform services.
  • Gift Card: Card that entitles the owner to acquire a number of products, depending on the monetary amount included in each card.

    GENERAL TERMS OF USE

    1. Object of Artig Gallery.
    Advertising offered on this platform will allow Users/Collectors to know the Artists and its works, in order to acquire them, through Artig Gallery.
    To facilitate the sale or the temporary transfer of works, ARTIG GALLERY provides Members with information obtained from the Artist about him or herself and about his or her works exhibited on the site, as well as services related to them, and provides access to them through the purchase on the conditions offered on the WEBSITE, through the contracting procedures (all collectively referred to as the "SERVICES").

    2. Registration in Artig Gallery.
    Artig Gallery will not take responsibility for the consequences (especially legal) and expenses arising for services which had been contracted by a minor or an incompetent individual, being in any case responsible those designated under the law or, in any case, their parents or guardians.
    The User commits to immediately inform Artig Gallery in case of modification of the personal details indicated at the time of registration and, if necessary, modify them.
    If a Member has reasons to believe that another Member or anyone is using their identification elements or account, Artig Gallery must be immediately notified.
    However, Artig Gallery has no obligation of guaranteeing the identity of people registering on the Platform or accessing to it, and the information provided by them, since it doesn’t have the technical means to do so.
    Artig Gallery reserves the right to remove from the platform and/ or withdraw Membership from the site, either by deregistration or indefinite expulsion of the platform, any Collector who carries out a fraudulent use of the WEB or infringes or violates any of the conditions contained in these Terms and conditions.
    Each Member can only have one access account. In the case of several simultaneous registrations, Artig Gallery has full powers to cancel all User accounts and, moreover, to expel them from the platform.
    Artig Gallery won’t control or supervise the Registers of Members; neither are there conditions for inclusion or exclusion of the Collector within the platform, which means that the access it is totally free.
    However, Artig Gallery reserves the rights to confirm or not confirm the Membership, taking into account the number of already registered Users on the platform, as well as those criteria it deems appropriate to safeguard the proper functioning of the services offered on the platform.
    The Collectors will identify their registered account with an email address and a password. To access the Web, it will be required to specify and introduce the User ID and password.
    The password is personal and not transferable; it is not permitted to transfer the password under any circumstances, not even temporarily, to third parties. In this regard, Members compromise in using it diligently and keeping the password secret, assuming full responsibility for the consequences of disclosure to third parties. It is the User responsibility the custody and proper use of the password and other login information. If a Member suspects or has knowledge of the use of its password by third parties, it must be changed immediately, following the instructions set up in www.artiggallery.com.

    3. Offered Works.
    The descriptions of the offered products in www.artiggallery.com are made for information purposes, according to the information and documentation provided by Artists and third parties collaborating with Artig Gallery.
    Artig Gallery will not be responsible, under any circumstances, for the genuineness of the work, if it has been created and developed by the Artist, whether it is or it is not unique, or the information provided about the work, the Artist is the one who has to answer for irregularities or falsehoods indicated in each of them.
    However, Artig Gallery will do everything in its power to check and verify the authenticity of works and their descriptions on the platform, to ensure that the Collector acquires them according to her or his expectations.
    The products and services advertised on the website do not constitute a binding offer, but a call to order for customers. There is no legal claim on the availability of products or services.
    Photographs, videos, clips, drawings, paintings, prints and graphic or iconographic representations of any kind in relation with the offered products, including trade names, trademarks, brands of any kind or names contained in the WEB only have illustrative purposes, in a view of to providing the best possible information to the Member, but without a binding effect for Artig Gallery.

    Availability of the work
    Works and products advertised on the platform should be available for the potential User-buyer.
    However, if there were difficulties in the immediate delivery of the work and the delivery deadlines could not be met, the Member would be informed of such circumstances within no more than fifteen days. Likewise, the condition of the items would be displayed on the platform, in order to enable the User to track them.
    In the event that, because of circumstance beyond the control of Artig Gallery or force majeure, the product is not available once the purchase is done, Artig Gallery will inform the Member-buyer via email regarding a the full or, where appropriate, partial cancellation of the order.
    Such partial cancellation will not entitle to the cancellation of the entire order; this is notwithstanding the right to exercise withdrawal held by www.artiggallery.com Members, according to the General Conditions.
    In case of partial or total cancellation, due to the unavailability of the work, Artig Gallery will refund the price paid by the customer for the unavailable work, including the shipping costs that correspond to the product, in the same payment method used by the Collector.
    Artig Gallery will have a period of seven (7) working days to make such reimbursement, counting from the notice to Members of the unavailability of the product.
    Under no circumstances will it generate any right for the Collector (compensations, discounts, etc.) because of these circumstances.

    4. Prices and shipping costs.
    Prices of Artig Gallery
    All information regarding comparative prices, discounts applied to the works and / or savings made by Members, will be calculated using information provided by the Artists or, when appropriate, using prices noted by Artig Gallery of the mentioned products.
    In each issuing of an order, Artig Gallery will check and verify the price of the work. If there was an error in the prices shown on the WEBSITE, Artig Gallery shall proceed as follows:
    a) If the correct price is lower than shown in the WEBSITE, Artig Gallery would charge its Members the lower price and would proceed with the shipping of the product(s) in accordance with the other conditions set out in this contract.
    b) If the correct price is higher than shown on the WEBSITE, Artig Gallery would contact the User-buyer to report such circumstance, the User can either proceed with the purchase of the Product paying the correct price or cancel the order without costs and any amount that would have been paid would be returned.

    Countries and shipping costs
    The place of origin of an artwork will determine where it can be delivered to. We work with Artists from all around the world to offer our Collectors a global range of works. Once a purchase is made, the Artist herself/himself will carefully prepare the artwork for shipment. Afterwards, it will be picked up by the transport company and will be delivered to the direction indicated by the Collector.
    All artworks can be delivered to the following countries: Germany, Austria, Belgium, Spain and Balearic Islands, France, Ireland, Italy, Luxembourg, Netherlands, Portugal and the United Kingdom.
    Artworks coming from Germany and Spain can additionally be delivered to: Croatia, Czech Republic, Denmark, Slovakia, Slovenia, Finland, Poland and Sweden.

    5. Purchase of the work.
    In the purchasing process, the User must provide the following information:
  • The requested personal data.
  • Billing and shipping product data.
  • Details of the payment method (including bank card that will make the payment).
    Therefore, the Collector will be bound to the platform, when clicking the button "order and pay".

    While the Artist has authorised Artig Gallery to perfect the sale of the work acquired by the Collector, ARTIG GALLERY ACTS, THROUGHOUT THE PROCESS OF BUYING AND SELLING, BETWEEN THE MEMBER AND THE ARTIST AS A MERE INTERMEDIARY, GIVING ONLY THE SERVICE OF ADVERTISING WORKS (FOR SALE) AND AS A CUSTODIAN OF THE AMOUNT PAID BY THE MEMBER, WHEN THE WORK IS ACQUIRED THROUGH THE PLATFORM. THEREFORE, ARTIG GALLERY HAS NO LIABILITY NEITHER FOR THE PERFECTION OF THE SALE, NOR FOR ANY CONTINGENCY OR EVENT THAT OCCURS.
    However, such authorization and perfection of the sale by Artig Gallery, will not, in any event, imply the assumption of liability regarding rights and obligations arising from such purchase.
    The parties expressly agree a reservation of title, so that the ownership of the work for sale or transfer will not be transferred to the Member-buyer until Artig Gallery has not received its full price (with payment of VAT and shipping and handling fees).
    For data confirmation reasons, when deemed appropriate, Artig Gallery may require additional information (phone number contact, bank account details and a copy of identity card or passport).
    All information used to carry out orders will be treated confidentially and with the sole purpose of facilitating the delivery and purchase, always complying with the security measures required by law.
    These data are guarded by Artig Gallery in accordance with the provisions of the Data Protection Act and implementing regulations, and always applying the legally enforceable security measures.

    6. Payment of the work.
    Artig Gallery has the highest security measures required in the field, in order to protect the privacy and security in online payment transactions, Artig Gallery uses the latest coding techniques.
    All information used to carry out your orders, is coded through payment gateways provided by Banco Sabadell; and with the sole and exclusive purpose of facilitating subsequent purchases of the User. Thus, after the first purchase, the customer must only confirm that the information provided to the form of payment and place of delivery is the same as before.
    While meeting the security measures required by law, Artig Gallery stores personal data included in the purchase process, by the Member - buyer. These data are guarded by Artig Gallery in accordance with the provisions of the Data Protection Act and the regulations that develop, and always applying legally enforceable security measures.
    However, the User who wishes to, can exercise their right to cancel such personal data, for what must communicate through the contact form or writing an email.
    When making a payment and for the sole purpose of being able to improve the purchase, the User expressly consents to the communication of personal data; Name, address, product purchased and its price, previous purchases, delivery address, email address, birth date and ID number.

    7. Discount codes & Gift cards.

    Discount codes or coupons:
    If, during the use of discount codes, there is a minimum purchase condition, the minimum purchase amount will relate to the sales price including VAT, but excluding shipping costs. It is not possible to exchange a discount code for money nor does it generate interest.
    The coupons can only be used when purchasing products through www.artiggallery.com. The coupon will automatically be subtracted from the total amount of the purchase made, but it will never generate any credit right, nor may it be paid in cash or generate interest of any kind. Coupons are not transferable. Artig Gallery reserves the right to accept only one code per order.
    In case the price of the order exceeds the amount of the coupon code, the User can pay the difference through the available payment methods. Moreover, for administrative reasons, it cannot be repaid the amount of the coupon code that may exceed the total price. In no event will the amount of the coupons be deducted from shipping cost if not otherwise stated.
    If the Member exercises the right of withdrawal for one or more products purchased through the application of a discount code (provided it was done in accordance with the conditions set for it), under no circumstances will the used coupons be given back and neither will be returned the amount paid through coupons.
    Artig Gallery reserves the right to cancel the coupons if there is a fraudulent or improper use of them, it is a cause for expulsion from the platform, which implies a loss of Membership and the removal of the corresponding account in Artig Gallery.
    A coupon cannot be used simultaneously with another coupon; it can only be used one discount code per purchase. In case of return of an order purchased through a discount code, the discount code cannot be reused unless the code had been purchased (see gift cards).
    Artig Gallery assumes no responsibility for lost coupons. Lost or stolen coupons will not be reimbursed.
    There may be more information or conditions regarding the use of discount coupons at the time of use.

    Gift cards:
    This type of card cannot be acquired using a discount code. You cannot exchange a gift card for money and it does not generate any interests.
    Notwithstanding the foregoing, Artig Gallery reserves the right to declare invalid the Gift Card and reject its use if there was a misuse or an attempted fraud. If the one who received the gift card was not a Member of the website, it must register to be able to use the code.
    Each Gift Card can be used once for the purchased amount. If the beneficiary made a purchase with value inferior than the one in the card, the excess amount will remain under the same code and can be used in a new purchase, until the total amount of the card is spent.
    Artig Gallery may forward to the beneficiary a new Gift Card code, once it has been used, in order to dispose of the remaining balance.
    The Gift Cards expire 12 months after the date of purchase.
    Artig Gallery will not be liable for a possible loss of the gift card by the customer.
    There may be more information or redemption conditions on the use of gift cards or promotional codes at the time of purchase.

    8. Product Delivery.
    Since the seller-Artist is the one who has physical possession of the artwork acquired by the Member-buyer, it is the Artist must first proceed to deliver it.
    In this sense, once the purchase procedure has been completed through the website and the payment has been received, Artig Gallery will inform the Artist, so that she or he can proceed to send its work.
    The Artist-seller commits to Artig Gallery to deliver the product to the buyer-Member, in perfect conditions and according to the characteristics and conditions of the work, which are specified on the website.
    Artig Gallery may cancel the order if it cannot be delivered to the User, for reasons attributable to her or him; if neither the User nor an authorized person is found at the address indicated on the scheduled time to pick it up (someone will be considered authorized if found at the address provided by the User-buyer) in two (2) occasions.
    In this case, Artig Gallery will reimburse the buyer-Member the amounts paid for the purchase of the product, excluding shipping and return of the work, which will not be refunded.
    Responsibility for damage, malfunction or nonconformity of the work
    Artig Gallery assumes no liability or responsibility in connection with the supply chain and product distribution. Artig Gallery will not be liable for any injury, damage, or loss of work, in the process of transportation and delivery of the Work.
    Artig Gallery is only obliged to notify the Artist of the purchase of a product and ensure that it is shipped to the Member - buyer.
    The shipping obligation and the responsibility that it entails, is held solely and exclusively by the Artist, Artig Gallery is only responsible for not notifying the Artist about the purchase.
    If the work or shipped products are delivered with imperfections or if they are damaged, the Member must immediately notify upon delivery and in writing, both the transport company and Artig Gallery, who will explain how to proceed.

    ANNEX B: USE OF ARTIG GALLERY'S SERVICES: RIGHTS, DUTIES AND RESPONSIBILITY

    User Obligations and Rights in Artig Gallery:
    Users or Artists commit and agree to use correctly, lawfully and diligently, the website and the offered services, and especially to not carry out any use of www.artiggallery.com which may be contrary to their intentions or the law.
    The User or Artist will be the ONLY RESPONSIBLE if he or she interacts with other Members or Artists, as such circumstances are beyond Artig Gallery’s control.
    The User can access her or his already completed and / or pending orders in the password protected area on www.artiggallery.com.
    In this area the User can change, manage and store her or his personal information and the subscription options to Artig Gallery.
    If the Users or Artists violate or breach any of these Terms and Conditions or any terms provided by law, moral or public order, Artig Gallery reserves the right to warn the Member, modify or delete anything published by the Member in the WEB or, when appropriate, to expel her or him from www.artiggallery.com and withdrawing its Membership indefinitely.
    However, the platform does not have the technical means to monitor violations or breaches by Collectors, not responding in any case, for any interactions with other Members or Artists, with third parties or with the platform itself.
    Likewise, the Members will be liable for any damages, of any nature, that may arise as a result of any breach of the rules of use of the SITE, of its General Conditions and any obligation required by law, morality or public order.
    Artig Gallery is not responsible for any errors or omissions on the WEB in the information provided by Users and Artists, about themselves or their own works, or for any damages, direct or indirect, that may arise from such information and / or the sale or transfer of these.
    Artig Gallery is under no legal obligation to verify the identity of the Users or the Artists, when connected to the Sites or to control the content, information or statements that they publish. Since the platform cannot guarantee such circumstances from a technical point of view, it will not assume the contractual obligation to verify the identity of Members and the accuracy of the content provided, nor the information provided by the Artist, therefore the gallery will not be responsible for such data, will not moderate its contents, or be responsible for a sale or assignment that does not meet the expectations expected.
    Notwithstanding the foregoing, Artig Gallery will do everything in its power, from the technical point of view, to ensure that Artists and Collectors can offer their services and works to the visitors of the platform; and that the Members can acquire them, according to their expectations, within the expected accuracy and diligence by the Artist and User, respectively.
    Artig Gallery may show links to other websites than may grant the Members access to information from third parties or through links, to other websites operated by third parties, which information, errors or omissions won’t bind Artig Gallery, therefore the gallery will not take responsibility for that content.
    The existence of such links does not imply that Artig Gallery recommends or approves its contents in any way. Therefore, the User’s navigation for those unrelated websites will be at the sole responsibility of the User, with full indemnity for Artig Gallery.
    Despite the security measures taken by Artig Gallery, the gallery does not guarantee the absence of viruses or other elements that could damage or alter the User's computer system, and will not assume any responsibility for it.

    Intellectual property:
    All the intellectual and industrial property rights of this WEBSITE and the content and information contained in it are legally reserved to their owners. The access to this website or its use by the Users can not be regarded in any way as a granting of an authorization or license of any kind with respect to such rights, content or information.
    The following is expressly prohibited: reproduction, processing, distribution, public communication, availability, extraction, reuse, resending or use of any nature by any means or process, of the mentioned rights; unless there is an express written permission given by the owner .

    Artig Gallery’s responsibility of the Product.
    Artig Gallery is not responsible for the consequences that may result from improper use of the works sold on the platform, of a resale or their final destination.
    Under no circumstances will Artig Gallery be held responsible for any loss or damage of any kind arising out of, or relating to, the use of this platform, nor in relation to the goods or services sold in it.
    However, Artig Gallery will do everything in its power to ensure that a contingency does not occur, so that the Collectors can acquire the works, according to their expectations.
    If, even so there is no liability for it, Artig Gallery resolves the contingency occurred in relation to the purchased good in favour of the User-buyer in order to preserve their interests and rights, this will not mean that Artig Gallery is taking responsibility for this eventuality, the Gallery can file an action against the Artist for the damages, costs and / or losses endured for such action, along with the User.

    ANNEX C: CONSUMER'S RIGHT OF WITHDRAWAL

    This right of withdrawal is regulated by the Law 3/2014, of 27 March, which modifies the consolidated version of the text of the General Law for the Protection of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007 of 16 November, approving the revised text of the General Law for the Protection of Consumers and Users and other complementary laws.
    The right of withdrawal will link, on the one hand, the Member, as consumer and user; and on the other hand, the Artist, as the seller, owner and holder of the work.
    Artig Gallery will be exonerated of any rights or obligations related to the exercise of that right, it has to be considered as a mere intermediary in advertising the Artist and her or his works, and custodian of the amounts paid by the Member.
    However, Artig Gallery agrees to do everything in its power to ensure compliance of all the rights and obligations of the buyer and seller.
    In this regard, the buyer-Member will have the right to withdraw from the purchase made of any work, service or product purchased at the Artig Gallery platform, without having to justify its decision and without penalty of any kind.

    Instructions for withdrawal:
    The Member may exercise its right of withdrawal in a period of 14 natural days.
    Specifically, the compute of the period indicated to exercise this right, begins counting when:
  • The Member, or a third party indicated by him or her, other than the transport company, acquires the last good ordered in a same order and shipped at the same time;
  • The Member, or a third party indicated by him or her, other than the transport company, acquires the last good ordered in a same order and shipped separately;
  • The Member, or a third party indicated by her or him, other than the transport company, acquires the last piece of a lot, if the ordered goods were part of different components or batches; If more than one of the foregoing alternatives is applicable to the case, the withdrawal period starts from the day on which the Member or a third party indicated, other than the carrier, acquired the material of the last of the goods or commissioned pieces.
    To exercise the right of withdrawal, the Member can notify using regular mail or email directed to: Artig Gallery, SL, Calle Sant Elies 21, 08006 Barcelona, Spain. Contact: Phone: +34 935 340 805, Email: service@artiggallery.com.

    Exercise of the right of withdrawal.
    The inability of the Consumer of User to return the artwork because of a loss, destruction or other causes, does not deprive him or her of the possibility of exercising the right of withdrawal.
    In these cases, when the impossibility of return is imputable to the Consumer and User, he or she will answer for the quantity determined by the market value that the work would have had at the time of exercising the right of withdrawal, unless that value was higher than the purchase price, in which case he or she will only be responsible for the purchase price.
    The exercise of this right, within the given time, will directly imply the recovery of benefits, which will be understood as the amount paid by the Member and the work or the order delivered by the Artist.
    The consumer will also be held responsible for the decrease of the value of the works or products, emerging from a manipulation different than the one necessary to establish the nature, characteristics and functioning of the goods.

    9. Warranty.
    Warranties and post-sale services shall be governed by the provisions of the Law 3/2014 of 27 March, which modifies the consolidated version of the text of the General Law for the Protection of Consumers and Users and other complementary laws, approved by the Royal Legislative Decree 1/2007 of 16 November and by the Royal Decree 1/2007 of 16 November, approving the revised text of the General Law for the Protection of Consumers and Users and other complementary laws.

    10. Customer & Claims.
    Our Members’ satisfaction is the main concern of Artig Gallery. Therefore, Artig Gallery will attend any questions or complaints of our Members, as soon as we become aware of it, committing to answer as soon as possible.
    To this end, if the Members want to ask any questions or make any claim, they can contact the Customer Service Department of Artig Gallery: Artig Gallery, SL, Street Sant Elies 21, 08006 Barcelona, Spain. Contact: Phone: +34 935 340 805, Email: service@artiggallery.com.

    11. Privacy Policy.
    All information provided by the Members to Artig Gallery through the WEB is confidential and will be dealt by Artig Gallery in accordance with the law and in accordance with our Privacy Policy, which is published in www.artiggallery.com, and which we request to be read carefully.

    12. Final Provisions.
    In case any of these Terms are declared invalid, the remaining provisions will remain in full force and will be interpreted taking into account the will of the parties and the purpose of these General Conditions.
    The non-exercise by Artig Gallery of any right arising from the General Conditions will never have to be understood as a resignation of such right, a resignation of such rights needs to be done specifically and in writing form.
    Artig Gallery reserves the right to modify at all time these Terms and Conditions, which will always be available and easily visible in www.artiggallery.com. The website will be freely accessible to all Members and Users who want to consult them.
    The acceptance of these Terms and Conditions will be an necessary requirement for the acquisition of the Membership of the WEB and for the issuing of any order through the website.
    These General Conditions constitute the sole and express will of Artig Gallery and its Members in relation with its object, and replaces any other agreements or arrangements that might exist between the parties, even if these were verbal or written. Any modification of these Terms and Conditions shall be written and reached through mutual agreement between the parties.
    Artig Gallery may transfer and/or transmit freely, at any time and without authorization of the Members of www.artiggallery.com, the rights and obligations derived from these Terms or the purchase of products through www.artiggallery.com.

    13. Applicable law and Court.
    These Terms & Conditions are governed, interpreted and applied in accordance with Spanish law.
    In case of litigation between Artig Gallery and a Member, he or she may bring legal action before the Spanish courts, where Artig Gallery resides, or before the courts of the place where the Member resides.

    Release: June 2016.
    Sincerely
    Artig Gallery
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