PURCHASE TERMS & CONDITIONS 

GENERAL TERMS AND CONDITIONS OF PROCUREMENT

Preamble

These General Terms and Conditions of Procurement govern the acquisition by users registered at the domain www.arthunterclub.com (hereinafter referred to as the “Website”) of the products made available for sale on the Website.

The Website is the property of ART HUNTER SL, with registered office at Ricardo Calvo 17, 3º 1ª, entered in the Company Register of Barcelona, with tax ID number (CIF) B67453597 (hereinafter the entity AHC).

Users can contact Susana Pino Jiménez at the email address info@arthunterclub.com or via the form found at https://www.arthunterclub.com/contacto.html https://www.arthunterclub.com/contacto.html

Access of the Website is regulated by the General Terms and Conditions of Use and the Privacy Policy that is accepted by the user when registering on the Website, the most up-to-date version of which will be applicable whenever the user accesses the Website.

 

Object

The purchase of any product on the Website is governed by these General Terms and Conditions of Procurement. In the event of any discrepancy between these General Terms and Conditions of Procurement and the General Terms and Conditions of Use and/or the Privacy Policy, the text of the General Terms and Conditions of Procurement shall always take precedence.

The entity AHC reserves the right to modify, without prior warning, the content of the General Terms and Conditions of Procurement for customers and recommends that users read the Terms and Conditions before purchasing a product on the Website.

 

Terms and conditions of purchase

 

1. Services

1.1. The entity AHC provides, through the Website www.arthunterclub.com, a service for the purchase and sale of original artworks and reproductions and the commercial use of digital images of works of art (hereinafter the “Services”).

The descriptions of the “Original Artworks”, “Digital Works” or “Reproductions” (hereinafter referred to as “the Works”) displayed on the Website have been prepared using information and documentation provided by our vendors and collaborators. The entity AHC cannot be held responsible for any errors in the transcription of content. 

The photographs, graphic or iconographic representations and videos pertaining to the Works, commercial names, brands or distinctive signs of any type contained on the Website, for which express prior authorisation has been granted, are aimed at providing the Customer with as much information as possible.

1.2 The entity AHC hereby states, under its own responsibility, that it has the right to sell, reproduce, distribute and publicly communicate all the Works made available for sale on the Website. These rights have been granted to the entity AHC by the creators of the Works or by those who are authorised to assign the copyright.

1.3 The products that users are able to acquire through the Website are the artworks (originals or reproductions) offered by the creators themselves, by art galleries, or by the entity AHC itself through agreements with companies that hold the licences for the exhibition and reproduction of works by great masters.

The entity AHC acts as an intermediary in all operations relating to the sale of original Works, selling them to the customer on behalf of the artist or Gallery.

Reproductions are offered and sold directly to the Customer by the entity AHC.

1.4. If, due to reasons of force majeure or any incident outside the control of the entity AHC, the Work is not available for purchase at the end of the negotiations, the Customer will be informed via email of the full or, where appropriate, partial cancellation of the order. In the event of a full cancellation, any sums already paid will be refunded in full, and in the event of a partial cancellation, only the sums paid in advance for the purchase of the unavailable Works or Services will be reimbursed.

1.5 The user acknowledges and accepts that the entity AHC makes the commercially appropriate efforts to display the colours of original artworks, digital works and printed works as faithfully as possible on the Website. However, since colours may vary depending on the characteristics of the device of the user, the colours of the Work displayed may not be an exact match to those of the original. The entity AHC is unable to guarantee the accuracy of the colours of the original, digital or printed works of art displayed on the Website and is exempt from all liability in this regard.

1.6. Prior to the purchase of a Work, the Customer must have accepted these Terms and Conditions of Use and Sale and, if applicable, any specific ones.

In the event of conflict or contradiction, the specific terms and conditions of sale shall take precedence over these Terms and Conditions.

 

2. Prices of the Works

2.1. The prices of the Works that are offered for sale on the Website include IVA (VAT).

The prices do not include the costs for shipping the Works, which will be specified during the purchase process and must be accepted by the Customer when making the order request.

2.2. Information regarding price comparisons and discounts applied to the Works displayed on the Website during the purchase process are calculated using the information provided by the entity AHC’s vendors or, where applicable, using the prices found at other points of sale.

2.3. The entity AHC reserves the right to alter the prices of the Works, which will be invoiced at the current price at the time the order is submitted.

 

3. Purchasing of Works and placement of orders

3.1. The purchase of Works by the Customer through the Website is conducted according to the procedure established in the “Order Form” section.

3.2. The entity AHC shall send an email to the Customer, within twenty-four (24) hours of receiving the confirmation of the order by the Customer, confirming the purchase of the Work in which they have shown interest.

The contract will be understood as concluded at the time when the entity AHC receives payment of the asking price.

 

4. Payment

4.1. Payment of the price and shipping costs for the Works purchased through the Website is understood to have been made once the entity AHC sends an email to the address specified by the Customer providing confirmation of the purchase and receipt of the funds.

4.2. The proof of purchase relating to the order for Works will be available and can be viewed in the “My account (or user name): My purchases” section. The Customer can also download the invoice for the order from this section. The Customer must pay using a credit or debit card (Visa, Mastercard, American Express, Visa Electron and/or other similar cards) or via PayPal.

4.3. The Customer must inform the entity AHC, through the Contact section and as soon as possible, of any incorrect or fraudulent charges to the card used to make purchases on the Website, which will allow all procedures considered appropriate to be performed.

4.4. The entity AHC employs the strictest security measures commercially available in the sector. Furthermore, the payment process operates on a secure server using the SSL (Secure Sockets Layer) protocol. The secure server establishes a connection in such a way that the transmitted information is encrypted using 128-bit algorithms, which ensure that it can only be understood by the computer of the Customer and that of the Website.

In this regard, the use of the SSL protocol guarantees the following:

1. That the Customer communicates their data to the server centre of the entity AHC and no other.
2. That the data is transmitted in an encrypted form between the Customer and the server centre of the entity AHC, thereby preventing it from being read or tampered with by third parties.

Furthermore, the entity AHC declares that it does not have access to or store sensitive data relating to the payment method used by the Customer.

Only the corresponding payment processor will have access to these data for the purpose of managing payments and charges. Once the purchase process has been completed, an electronic document is generated that formalises the contract, which the Customer can print and which will be stored in the “My Account: Orders” section. 

4.5. The entity AHC, in order to ensure the security of its Customers and the transactions made by them through its Website, informs its Customers that it has implemented a program for detecting potentially fraudulent transactions. For this reason, the entity AHC reserves the right to request additional information, confirmations and/or documents from Customers, even after they have made one or more purchases through the Website, via a telephone call or email to the number or email address provided by the Customer, for the purpose of confirming that the Customer has in fact carried out and authorised such purchase(s) and/or that the delivery or return of goods has been properly carried out and thereby definitively authorising the respective transaction(s) for which AHC may carry out various checks via telephonic means that might include, but will not be limited to, requesting information on the identity of the Customer, or other requests such as: (a) a written confirmation and authorisation signed by the Customer responsible for the corresponding purchase(s); and (b) a copy of the Customer’s current official identification with a photograph to confirm their identity.

The entity AHC is obliged to safeguard said information and documents with the rigour and level of security established by the Personal Data Protection Act in force.

In the event that the Customer does not respond in a favourable manner or does not provide the entity AHC with the requested documentation and information within 48 hours of the call or sending of the email, the transaction(s) specified in said communication and the corresponding order(s) may be automatically cancelled, without any subsequent notice or responsibility on the part of the entity AHC for the security of the Customer, resulting in the automatic refund of the amount(s) paid by the Customer in relation to said purchase(s).

The purpose of this procedure is to ensure the security of the Customers of the entity AHC and, through the acceptance of these Terms and Conditions, the Customer agrees to submit to the aforementioned procedure for the detection of potentially fraudulent transactions, without any liability in this regard on the part of the entity AHC.

Furthermore, the Customer grants the entity AHC permission to use any additional information and documents provided in future transactions.

5. Cancellation and/or additions to orders

5.1. Customers may cancel or make additions to the orders accepted and confirmed by the entity AHC provided that this is permitted by the specific conditions of the Work in question.

This information will be provided to the Customer in the information on each Work. No cancellations of orders or additions to orders will be accepted if such order is “in preparation”. Should the Customer wish to cancel an order in these circumstances, the Work must be returned as indicated below.

5.2. When purchasing Works from different artists, all the orders can only be cancelled together if all the Works allow for this. The cost of making an addition to an order will be specified for each individual instance.

5.3. In order to cancel or make an addition to an order, the Customer must follow the procedure outlined in the “My Account: Orders” section. Requests for the cancellation of orders or additions to orders will not be accepted via email.

5.4. The entity AHC reserves the right to cancel orders in the circumstances specified in the “Payment for Works” section of these Terms and Conditions, and in accordance with the terms and conditions outlined therein

6. Delivery of the Work 

6.1. Delivery destination

The entity AHC agrees to deliver the purchased Product(s) in perfect condition to the address specified by the Customer. With the aim of optimising the delivery process, the address provided by the Customer must be a location to which delivery can be made during regular business hours.

If the Customer is not present when the Product is delivered to the specified address, the forwarder will leave a message explaining how to arrange a new delivery. If, after ten (10) calendar days from the date of the message, the Customer has not contacted the forwarder to schedule a new delivery date, the Works will be returned to the warehouses of the entity AHC and the Customer will have to pay the shipping and return costs, as well as any related handling costs.

The entity AHC will not be responsible for errors or damages caused during delivery when the delivery address provided by the Customer does not correspond with their desired place of delivery.

The entity AHC reserves the right to split the delivery of separate Works included within the same order into several deliveries on different dates.

When the order is delivered, the Customer must present their identification document to the forwarder, sign the delivery note and request a copy of said document from the forwarder.

6.2. Delivery time

The entity AHC will inform the Customer of the delivery time before the completion of the purchase process.

The entity AHC does not make deliveries of Works on Saturdays, Sundays and national, regional and local holidays.

The entity AHC will inform the Customer, via an email sent to their email address, of the date of despatch of the corresponding Work(s) from the artist’s studio and the contact details of the forwarding company that will make the delivery.

Delivery is considered completed once the Work has been handed over to the Customer at the designated delivery location.

 

7. Return of Works 

7.1. Right of Withdrawal

The Customer may withdraw, totally or partially, from the purchase of the Work within a maximum period of fourteen (14) calendar days from the delivery of said Work, in accordance with the applicable legislation. Once the period of fourteen (14) calendar days has elapsed, the entity AHC shall not accept returns due to the withdrawal of purchases of Works.

The Customer shall not have the right to withdraw in the circumstances established in the applicable regulations and, in particular, as an example and not exclusively, in the following instances: (i) Works produced according to the specifications of the Customer or those that are clearly personalised; (ii) digital Works, sound or video recordings, computer programs, Works removed from their seals by the Customer, as well as computer files supplied electronically that can be downloaded or reproduced immediately for permanent use; (iii) reproductions; and (iv) periodicals and magazines.

The Work must be in the same condition it was when delivered and must still have the instructions, documentation, accessories and, to the extent possible, its original packaging and labelling.

Returns to the entity AHC must be made using the same box or envelope used in the delivery or, in its absence, in a similar manner that ensures the Works are returned in perfect condition. The return slip for the Works must be included in the package.

Once the return process outlined in the “My Account” section has been completed by the Customer, the entity AHC will schedule the collection of the Works and notify the Customer by email of the date and time at which this collection will occur.

Without prejudice to the above procedure, the Customer may also exercise their right of withdrawal through the withdrawal form found in the “Help: How do I return a product?” section.

The entity AHC will not be responsible for the direct costs and expenses incurred by the Customer for those returns of Works made while exercising the right of withdrawal, consequently, the Customer will bear the costs of return shipping.

7.2. Reimbursement of the Customer for the price of the Works

Should the right of withdrawal be invoked, the Customer will have the right to a refund of the price of the returned Works, in addition to the ordinary shipping costs (the excess for express shipping costs is not included), provided that the returned Works are found to be in the same condition as when they were delivered, have not been used (except to the extent necessary to verify their suitability for the intended purpose), washed, damaged, removed from their seals (in the case of sound or video recordings, discs or computer programs), altered, copied or misplaced before arriving at the premises of the entity AHC or when the requirements established in these Terms and Conditions have not been met. The shipping costs for the return will not be refunded.

The entity AHC will confirm the eligibility of the returned Work, reserving the right not to issue a refund if it is determined that that the purchased Work and the returned Work do not match or that the return has not been carried out in accordance with these Terms and Conditions.

Partial returns of an order will receive a refund of the price and part of the shipping costs. Shipping costs will be reimbursed in proportion with the value of the returned product.

The entity AHC shall process the order for the refund of the price and shipping costs through the same payment system used by the Customer to purchase the Works, within a period of forty-eight (48) hours from the confirmation of receipt of the returned order at the artist’s studio and, in all cases, within a period of no more than fourteen (14) calendar days from the date on which the Customer gave notification of their withdrawal.

The implementation of the reimbursement of the price and shipping costs to the Customer’s account or card will depend on the card and the issuing institution.

The period for implementing the refund of the price will be up to seven (7) calendar days for debit cards and up to thirty (30) calendar days for credit cards.

7.3. Return of defective Works

The Customer will have the right to be refunded the price, shipping costs and the transport costs for returning defective Works or delivered Works that do not match the order placed by the Customer, in accordance with the applicable legislation and these Terms and Conditions.

In these circumstances, the Works may be returned to the entity AHC in accordance with the procedure established in Section 7.1. or by contacting the Customer Service Department via the “Help” Section.

When returning defective Works, or those that do not match the order placed by the Customer, the entity AHC shall be responsible for the shipping costs associated with the return of the Works, provided that the return is made from within the Territory.

 

8. Partial nullity 

Should any Clause of these Terms and Conditions be declared null and void, the remaining Clauses shall remain in force and shall be interpreted bearing in mind the intention of the parties and their aims.

Unless the entity expressly waives it in writing, the failure to exercise a right stemming from these Terms and Conditions may not be construed in any way as waiving said right, which may be asserted for as long as it is not time-barred.

 

9. Communications between the entity AHC and the Customer

All communications between the entity AHC and the Customer regarding these Terms and Conditions or the purchase of Works through the Website shall be made in writing via the “Help” section, and in accordance with the communication procedures established in these Terms and Conditions of Use and Sale for each particular case.

In addition to the “Help” section, the entity AHC also makes the contact email info@arthunterclub.com available to the Customer.

The Customer may also forward physical communications to the entity AHC provided that they are sent to the address indicated in the LEGAL NOTICE and are made in writing and through a system that allows the content and the delivery of the corresponding communication to the entity AHC to be verified.

 

10. Entire Agreement

These Terms and Conditions of Sale and the contract evidencing the purchase by the Customer of the Works or Services constitute the express and only will of the entity AHC and the Customer in relation to their object and will invalidate and supersede any other agreements or contracts, whether oral or written, previously entered into by the parties.

Any modification of these Terms and Conditions of Sale or of the contract evidencing the purchase of the Works or Services must be made in writing and by mutual agreement between the entity AHC and the Customer.