Terms and conditions of sale - LSSI (Information Society Services Act)

1. Legal information

The registered trademark ARTETRAMA is owned by Constantino Abella Bule holding NIF number 50880911N and Rosa Ortiz Alberte, holding NIF number 53388882V with registered address in C/ Altamirano 44, 28008, Madrid. ARTETRAMA has an online shop available to its customers at www.artetrama.com and www.artetrama.es.

Users can contact the company on the (0034) 91 532 33 71 or sending an email to info@artetrama.com

2. General conditions of use

Use or logging in to the ARTETRAMA website entails full knowledge and acceptance of the Terms & Conditions of Sale and of our Privacy Policy, which is detailed in the Privacy policy, which can be accessed at the bottom of this page. It is therefore users' responsibility to carefully read both documents.

Visitors and users who make unlawful use of the website contents shall be liable before ARTETRAMA and third parties, as well as those who breach the present terms and conditions of use or our privacy policy.

By accepting the Terms & Conditions of Sale and our Privacy Policy, users are contractually or pre-contractually bound to ARTETRAMA and undertake to fulfill all provisions established in both texts. The electronic document of the contract is not filed and it will be used, in substitution of it, the acknowledgment of receipt that is sent through email to the user after the purchase.

3. Artworks for sale

ARTETRAMA, is to offer its users a selection of contemporary graphic artworks by renowned Spanish and international artists. The ARTETRAMA stock of artworks include a wide range of different graphic printing techniques, including etchings, aquatints, lithographs, serigraphs and others.

ARTETRAMA provides a detailed and comprehensive description of all its pieces. However, users may also contact us to receive further information about the technical characteristics or state of preservation of any work.

All of our works are unframed and in a state of preservation from very good to excellent, unless otherwise stated in the description.

Photographs of the artworks displayed don the website have been taken with the intention of representing the original Works as faithfully as possible. However, colors may show variations, often caused by the users' monitors.

The authenticity of all artworks is guaranteed and an invoice shall be enclosed as proof of purchase. Whenever available, the work will be shipped along with this certificate issued by the artist or publisher. In case this certificate is not available, a document that certifies the authenticity of the work sold will be issued in the name of ARTETRAMA.

4. Purchase process

This text contractually binds ARTETRAMA and the user and is accessible both before and after going through the purchase process. This agreement may be formalized in English, Spanish or German.

The prices of all pieces of art are shown in euros and taxes are included. Users may check the price in dollars and pounds sterling in the description of each artwork, although that is merely for orientation purposes. All payments must be made in euros and ARTETRAMA does shall not be liable if the amount charged to users in their local currency does not exactly match the amount given in our currency conversion tool. Users should be aware of the fluctuations to which currencies are subject.

Users shall be charged for shipment costs. Users may find out the exact cost involved by using the shipment costs calculator located at the bottom of the detailed description of each work, or in the first step of the purchase process (order summary). All shipments are done using UPS or FedEx, although ARTETRAMA reserves the right to use other companies for any shipment.

ARTETRAMA shall not be responsible for any management costs or taxes that could be generated at customs in countries outside the European Union, the Canary Islands, Ceuta or Melilla.

The payment methods accepted are bank card, bank transfer and PayPal. Payment by bank card will be processed using the 3D Secure system. As a security measure, users will have to verify that they are the actual cardholder, on their bank’s website. The cards accepted are Visa, MasterCard, Maestro and American Express. The latter must be activated for use with the 3D Secure system. If users select bank transfer as a payment method, they shall have five business days to make the transfer to the account provided by ARTETRAMA upon purchase. Otherwise, the order will be cancelled.

The purchase shall not be considered final until payment is received. All shipments shall be made within 24 working hours as of receipt of payment, unless another period is specified in the article's description. ARTETRAMA reserves the right to ship after this period has ended for reasons related or unrelated to the company. In such cases, users will be notified of the delay and they shall have the right to cancel the purchase and have their money refunded, either by PayPal or bank transfer, provided that the shipment has not been made.

ARTETRAMA shall not be held responsible for the time required for the bank transfer to be deposited, either in transfers within Spain or international transfers.

The delivery deadlines given, should be considered as approximate guidelines and refer to the time between shipment and reception.

Returns & Refunds

After the artwork has been received, there is a 14-day return period, if you are not fully satisfied. In this case, buyers must send the article to the address we provide, bearing all costs of shipment and risks. After the works are received and their condition verified, we will reimburse the amount, excluding the transport costs for the first shipment. In case the reason for return is not due to a mistake on our side, both shipping costs generated with the first shipment and the return shipping costs will be deducted of the amount to be refunded.

ARTETRAMA reserves the right not to accept a return if the work is not in the same condition in which it was first delivered to the buyer.

Conditions to determine if an order is eligible for return are detailed on our Return & Refund Policy

5. Personal data

Users can make purchases regardless of whether or not they are registered and have a username and password. In any case, ARTETRAMA undertakes to process al personal data with absolute confidentiality, in compliance with the provisions of Organic Law 15/1999 on Personal Data Protection and Information Society Services and Electronic Commerce Act 34/2002. Further information on our privacy policy can be found in the section entitled ”Privacy policy”, at the bottom of this page.

Users state that all data they provide are truthful and correct and undertake to keep said data up-to-date, making any changes via their control panel (only registered users) or by contacting ARTETRAMA. Users are responsible for the truthfulness of their data and shall be the sole party responsible for any disputes or litigations that could arise due to any false data.

6. Technical means to identify and correct errors in data entry

The forms for the request of personal data used by the web have the ability to identify some errors related to the format of e-mail addresses, as well as incorrect passwords. In these cases, the user will be informed and prevented from being able to continue advancing in the process in which he/she is.

Other errors identified by the user may be amended through their control panel (only in case of registered users) or by getting in contact with ARTETRAMA through the email address info@artetrama.com.

During the checkout process, users will be asked, prior to the payment, for the confirmation of their personal data and the details of their order, and may make any changes before completing the purchase.

If a user detects an error in his/her personal data after placing an order, he/she should immediately contact our customer service through any of the ways provided to correct the error.

7. Security

ARTETRAMA undertakes to permanently have all necessary technical and organisational security measures in place to protect personal data and thus prevent their loss, alteration or unauthorised use. Furthermore it undertakes to protect all data entered by users in the payment process.

However, users must be aware that Internet security measures are not invulnerable.

With regard to the operative functioning of the website, ARTETRAMA is waived from any responsibility that could stem from interference, interruptions, computer viruses, breakdowns or disconnections whose causes are not attributable to ARTETRAMA.

ARTETRAMA shall cooperate with the competent authorities in case of illegal or harmful actions taken by third parties in bad faith (article 11 of LSSI) and/or that cause damages or losses on the website.

8. Intellectual and industrial property

All contents displayed on the website are owned by Constantino Abella Bule and Rosa Ortiz Alberte and are protected by Spanish and international laws on intellectual and industry property. Therefore, the use, reproduction, modification or adaptation of graphic and design elements, photographs, layouts, drawings, buttons, icons and texts is absolutely prohibited without the express authorization of ARTETRAMA.

The logos, trademarks and graphic systems have been duly registered before the Spanish Patent and Trademark Office.

Unauthorised use of these contents shall be subject to the jurisdiction of the Courts and Tribunals of the capital city of Madrid (Spain).

9. Link policy

ARTETRAMA reserves the right to include links to other websites that could be of interest to users within its contents. ARTETRAMA is included within the scope of the terms and conditions of article 17 of the Information Society Services and Electronic Commerce Act 34/2002, dated 11 July, and shall not be held responsible for damages or losses that could arise from the use, access, opinions, information and communications existing or offered by websites not managed by ARTETRAMA that are accessible from its website. However, although the lawfulness of contents offered by third parties cannot be guaranteed, ARTETRAMA intends not to include links to websites that do not fulfil the provisions in force in the LOPD and LSSI.

Regarding external links, ARTETRAMA is not responsible for any damages that may arise from the use, modification, operation or implementation of external links that direct to the website.

10. Minors

The ARTETRAMA website is not addressed to minors. Therefore, no personal data for these types of users shall be consciously processed or requested.

11. Information supplied by the website

ARTETRAMA notifies users of its intent to provide all informational contents on its website truthfully and without typography errors. Any error of this type that could occur would be outside the wishes of ARTETRAMA and ARTETRAMA would proceed to immediately correct any such mistakes. If there is typographic error in any of the prices shown and a user makes the decision to make a purchase in light of this error, the buyer would be notified of this mistake and have the right to cancel the relevant purchase. In such a case, ARTETRAMA reserves the right to cancel the sale and reimburse the amount paid.

ARTETRAMA shall permanently review all data and information offered to thus proceed to correct any possible errors.

12. Cookies

We notify users that the website www.artetrama.com uses devices to implement cookies and store IP addresses. These cookies are files that are stored on the users’ computer with the sole objective to simplify and improve browsing. They can only be read by users and by www.artetrama.com. Users can delete them by accessing their browser options. In no case shall this allow ARTETRAMA. to find out users’ personal data, such as their name, address, phone number, etc. if users themselves have not provided such information.

This website uses the Google Analytics analysis tool. This tool uses cookies with the aim of analysing how visitors make use of the website. The information generated by these cookies is sent and filed by Google. You can expand information on the types of cookies used by the website in the section "Cookies Policy", accessible from the footer.

13. Contractual relationship between ARTETRAMA and the user

All purchases are subject to current Spanish And EU legislation in force for remote sales.

Any litigation that could stem from the contractual relations between the parties shall be subject to the jurisdiction of the Courts and Tribunals of the city of Madrid (Spain).

14. Modification of terms and conditions of sale

The terms and conditions of sale detailed in this document may be modified at any time without prior notice. These changes shall not be retroactive. Users undertake to read the conditions of use before making purchases.

If any modifications are made in the future, the update date shall be stated.