Terms of Service
1. Identification of the Holder
This document governs the terms and conditions of access, use, and purchase through the website https://www.carlagasparrini.com/ , owned by Carla Gasparrini, with registered office at Gran VÃa de les Corts de Catalanes 1010, Barcelona, Spain, and contact email address carla@carlagasparrini.com. Accessing, browsing, registering as a user, or making any purchase implies express, full, and unreserved acceptance of these terms and conditions.
2. Object and Scope of Application
The purpose of this website is the online sale of original works of art, limited editions, reproductions, and, where applicable, custom commissions, as well as the management of user accounts and associated services. These terms and conditions govern both access to the website and the online purchase of the products offered.
3. Intellectual and Industrial Property
All website content, including artwork, images, text, designs, logos, structure, source code, and any other element subject to protection, is protected by current intellectual and industrial property legislation, specifically Royal Legislative Decree 1/1996, which approves the Intellectual Property Law. The exploitation rights to the works sold belong exclusively to CARLA GASPARRINI and/or the corresponding artist, even after the sale of the work. The acquisition of a work, whether original, reproduction, limited edition, or custom commission, does not in any way imply the transfer of exploitation rights, nor does it authorize its reproduction, distribution, public communication, or transformation, its use for commercial purposes, or its digitization or tokenization in NFTs or other digital assets. Any use other than strictly private will require the express written authorization of the rights holder. Publication on social media for personal and non-commercial purposes is permitted, provided there is no intent to profit or engage in economic exploitation.
4. Sale of Unique Artwork and Certificate of Authenticity
In the case of the sale of a unique original work, its exclusivity is guaranteed unless expressly stated otherwise. The work may be accompanied by a Certificate of Authenticity signed by the artist or the owner, a document that attests to the piece's originality but does not constitute a transfer of intellectual property rights. This certificate must be kept as proof of authenticity. The company is not obligated to issue a duplicate in case of loss, unless there are sufficient records to reliably verify the work's authenticity.
5. Purchase Process and Contract Finalization
The purchase process is completed by selecting the product, confirming the order, entering billing and shipping information, choosing the payment method, and expressly accepting these terms and conditions. The contract will be considered finalized upon electronic confirmation sent to the customer.
6. Prices, Taxes and Payment Methods
Prices are expressed in euros (€) and include applicable taxes within Spain, unless expressly stated otherwise. For international shipments, any taxes, duties, or customs fees that may be levied in the destination country are not included in the price and will be the responsibility of the buyer. Accepted payment methods will be indicated during the checkout process.
7. Shipments and Transfer of Risk
Estimated preparation and shipping times will be indicated on each product page. Responsibility for the artwork will be transferred to the buyer upon delivery. No liability will be assumed for delays caused by shipping companies, force majeure, or incorrect information provided by the customer. In the event of a return due to an incorrect address provided by the buyer, reshipping costs may be charged, or a handling fee of up to 20% of the product price may be applied.
8. Right of Withdrawal
In accordance with Article 102 of Royal Legislative Decree 1/2007, the consumer has a period of fourteen calendar days from receipt of the product to exercise their right of withdrawal, which must be communicated in a verifiable manner and returned in perfect condition and with its original packaging. Return shipping costs will be borne by the customer, except in the case of a defective product or an error attributable to the company. Products personalized or made according to the customer's specifications are excluded from the right of withdrawal, as are those cases provided for by law.
9. Liability and Guarantees
We will not be liable for damages incurred after delivery resulting from improper handling, negligent use, or inadequate storage by the buyer. In the case of a defective product or one damaged during transport, it will be replaced or refunded in accordance with consumer protection regulations.
10. Customs, International Shipping and Fees
For shipments outside of Spain, the customer will be responsible for paying any import duties, local VAT, or other taxes levied by the authorities of the destination country. In the event of refusal to pay and return of the shipment, the price of the product will be refunded minus shipping and return costs, provided the artwork is received in perfect condition. Goods will be declared at their actual purchase value.
11. Alternative Dispute Resolution
In compliance with Regulation (EU) 524/2013 on online dispute resolution for consumer disputes, consumers are informed that they can access the European Online Dispute Resolution (ODR) platform, accessible via the link https://ec.europa.eu/consumers/odr/. Notwithstanding the foregoing, the parties submit to the jurisdiction of the Courts of the consumer's domicile for the resolution of any dispute that may arise from this contract.
12. Protection of Personal Data
Carla Gasparrini acts as the data controller for the personal data provided by users. The data collected may include name and surname, postal address, email address, telephone number, billing information, payment information, IP address, and browsing data. This data will be processed for the purpose of managing user registration, processing orders, issuing invoices, responding to inquiries, and, where applicable, sending marketing communications with explicit consent. The legal basis for processing is the performance of the contract, the data subject's consent, and compliance with legal obligations, in accordance with Regulation (EU) 2016/679 and Organic Law 3/2018.
The data will be kept for the time necessary to perform the contractual relationship and subsequently for the periods required by tax and commercial regulations. Data may be shared with banks, transport companies, public administrations, and technology providers acting as data processors under contract. Data subjects may exercise their rights of access, rectification, erasure, objection, restriction of processing, and data portability by sending a written request to the email address provided, attaching a copy of their identification document, and may file a complaint with the Spanish Data Protection Agency.
13. Cookie Policy
The website uses technical cookies necessary for its operation and, with the user's prior consent, analytical or similar cookies. The user can configure or revoke their consent through the settings panel available on the website.
14. Modification of the Conditions
The company reserves the right to modify these conditions at any time, with those in force at the time of contracting being applicable.