Terms of service

PURPOSE AND SCOPE

These Terms and Conditions govern access to, browsing of and use of the website www.carlotasantos.com, as well as the contracting of the products and services offered through it, including bespoke artistic commissions and print-on-demand art prints.

Access to the Website confers the status of User and implies full and unreserved acceptance of these Terms and Conditions, as well as the Legal Notice, the Privacy Policy, the Cookies Policy and the Returns and Refunds Policy, all of which form an integral part of the contractual framework.

LANGUAGE AND PREVAILING VERSION

This text is drafted in Spanish. Any versions that may be provided in other languages are for informational purposes only. In the event of any interpretative discrepancy, the Spanish version shall prevail.

USER STATUS

Any person who accesses, browses or uses the Website, whether as a visitor, purchaser or information requester, shall be deemed a User.

The User declares that they are of legal age and have the legal capacity required to enter into contracts for the products and services offered.

DESCRIPTION OF PRODUCTS AND SERVICES

The following categories are offered through the Website:

– Artistic commissions, consisting of the creation of original artworks or personalised illustrations in accordance with the client’s specific instructions.
– Art prints produced under a print-on-demand model, created individually following order confirmation.

Product and service descriptions, images, visual examples and characteristics are provided for indicative purposes only. Due to the artistic and technical nature of the creation and printing processes, slight variations from what is displayed on screen may occur.

In particular, the User acknowledges that colours may vary depending on the calibration, configuration or characteristics of the device used to view the images, and that such variations do not constitute a defect or lack of conformity.

CONTRACTING PROCESS FOR ARTISTIC COMMISSIONS

Artistic commissions may be contracted through a prior request submitted via forms or direct contact, followed by a quotation and the client’s express acceptance, or through direct contracting where this option is enabled on the Website.

The contract shall be deemed concluded when the client expressly accepts the commission and, where applicable, makes the agreed full or partial payment.

CONTRACTING PROCESS FOR PRINT-ON-DEMAND PRODUCTS

Print-on-demand products are contracted directly through the Website.

The contract is concluded when the User completes the purchase process and makes the corresponding payment. Once the order is confirmed, production of the product begins immediately.

Cancellations are not accepted once the order has been confirmed, in accordance with the Returns and Refunds Policy.

PRICES, TAXES AND INVOICING

Prices displayed on the Website are expressed in euros, unless otherwise stated, and shall not vary once the contracting process has begun.

Prices include applicable taxes, unless expressly stated otherwise. Shipping costs, customs duties, customs fees or other additional charges, where applicable, will be indicated prior to completion of the purchase.

In the event of a manifest material error in the price or description of a product or service, Carlota Santos reserves the right to cancel the order and refund the full amount paid, duly informing the User.

PAYMENT METHODS

Payment must be made using the methods enabled on the Website and under the conditions indicated during the purchase process.

Carlota Santos shall not be liable for incidents arising from the operation of third-party payment platforms.

RIGHT OF WITHDRAWAL

The right of withdrawal is excluded in the cases provided for by law and detailed in the Returns and Refunds Policy, in particular in relation to personalised products, print-on-demand items and artistic commissions.

RETURNS, REPLACEMENTS AND REFUNDS

Returns, replacements and, where applicable, refunds shall be governed exclusively by the provisions set out in the Returns and Refunds Policy published on the Website, which the User declares they have read and accepted.

USER OBLIGATIONS

The User undertakes to:

– Use the Website lawfully, in good faith and in accordance with the law and public order.
– Not use the Website for unlawful, fraudulent or harmful purposes.
– Not introduce viruses, malicious code or carry out actions that may damage, overload or render the Website unusable.
– Not infringe the intellectual or industrial property rights of Carlota Santos or third parties.
– Provide truthful, complete and up-to-date information during purchase or contact processes.

Carlota Santos reserves the right to suspend or block access to the Website in the event of breach of these obligations.

INTELLECTUAL AND INDUSTRIAL PROPERTY

All contents of the Website, including texts, illustrations, images, artworks, designs, logos, structure and other elements, are the property of Carlota Santos or are used under the appropriate rights.

The purchase of a product or commission does not, under any circumstances, imply the transfer of intellectual property or exploitation rights in the artwork, unless expressly agreed in writing.

LIABILITY

Carlota Santos shall not be liable for interruptions, technical errors or unavailability of the Website, nor for damages arising from improper use of the Website by the User.

Nor shall she be liable for delays or incidents arising from circumstances beyond her control, such as transport services, external suppliers or force majeure events.

Nothing in these Terms limits the non-waivable rights granted to the User under consumer protection legislation where the User acts as a consumer.

THIRD-PARTY LINKS

The Website may contain links to third-party websites. Carlota Santos assumes no responsibility for the content, policies or practices of such external sites.

PERSONAL DATA PROTECTION

The processing of the User’s personal data is governed by the Website’s Privacy Policy, which the User declares they have read and accepted.

USE OF COOKIES

The use of cookies is governed by the Website’s Cookies Policy.

AMENDMENTS

Carlota Santos reserves the right to amend these Terms and Conditions at any time. Updated versions will be published on the Website and shall apply from the date of publication.

APPLICABLE LAW AND JURISDICTION

These Terms and Conditions are governed by Spanish law.

For the resolution of any disputes arising from access to, use of or contracting through the Website, the parties submit to the Courts and Tribunals of Madrid, unless mandatory consumer protection regulations provide otherwise.