1 - PURPOSE & TERMS
These general terms and conditions of sale are meant to define the terms and conditions for
the online sale of the Artworks available on the site, and to define each party’s rights and
obligations in such a relationship.
The purpose of the PEDROZUBIZARRETA.ART (hereinafter the “seller”) website is to present Artworks from the Spanish-Mexican artist Pedro Zubizarreta (hereinafter the “artist”) to the users of the site (potential “Buyers”), and to give them the opportunity to discover and buy his artworks online directly from the Seller.
The sales made through the Site are contracted directly between the Buyer and the Seller.
The owner of the site PEDROZUBIZARRETA.ART is HAYEDOS ROBLE, S.L., Spanish company under the tax number B39850946 and the address Paseo Pereda, 23 -1º piso- 39004 Santander, Spain. HAYEDOS ROBLE, S.L. is authorised representative to sell the artist’s artwork. PEDROZUBIZARRETA.ART acts as an intermediary selling the Artworks proposed by Pedro Zubizarreta, prices proposed in this site are official selling prices of the artwork of the artist with no added margins.
2 – ACCEPTANCE
The unconditional acceptance of the entire general conditions of sale is mandatory to
conclude the sale agreement, by both the Seller and the Buyer. The acceptance is confirmed
by a box that needs to be checked on the Artwork order form.
3 – ORDER
The Artworks are offered for sale on the Seller’s website, subject to their availability.
Each of the Artworks offered comes with a short explanation sheet containing information
about its substrate, its dimensions, and type.
To order an Artwork, the Buyer must select the Artwork of his/her choice, place it in his/her
cart and provide the necessary personal information to place the order (or identify
him/herself, if he/she has a User account). Before validating the order, the Buyer must check
the information appearing on the order summary, and he/she can correct any potential
mistakes in the items inserted, as well as read about the delivery costs.
If the Artwork is no longer available, an email informing the Buyer will be sent within 48
hours, canceling the order, and refunding the payment.
4 – SALES PRICES AND TERMS OF PAYMENT
The Artworks sale price is listed on the Site in the currency set by the Buyer and includes all taxes, excepting delivery and packaging fees if applicable.
5 - DELIVERY OF THE ARTWORKS
The artist is responsible for the packing of the artwork. After a purchase has made, the artist will take up to 14 days to have the artwork conveniently packed and ready- for- shipment. The artist will take responsibility for all packing expenses.
The buyer is responsible for choosing his best shipping and insurance option. He is required to pay all shipping, customs and transit insurance fees and costs for the purchased property.
Under request, we will provide support in the shipping process, such as recommending third-party service providers. However, any such support or recommendations are for convenience only and do not constitute or imply any representation, warranty, or assumption of liability of any kind by us. Neither the seller nor the artist are not the agent of any buyer, seller or third party in connection with the shipping or handling of any property. We do not control and are not liable or responsible for the acts, omissions, or policies of any third party in connection with the shipping or handling of any property, whether or not recommended by us.
Unless we specifically agree otherwise in writing with respect to certain property, we have no responsibility for the delivery of any purchased artwork.
This artwork is stored in Cantaria (Spain), so the buyer will have to organize shipping from this departure location. Full picking up details will be provided after the purchase of the artwork.
6 - RIGHT OF WITHDRAWAL
Pursuant to article L.121-21 (law of 17 March 2014 relating to consumption) of the code of consumption, the Buyer has a period of 14 days from the delivery of the Artwork to use his/her right of withdrawal with the Seller, without any costs or reason. The Buyer may use his/here right of withdrawal with PEDROZUBIZARRETA.ART T through sending an email to the following address firstname.lastname@example.org . The buyer will be responsible for all related shipping and delivery costs of both reiving and sending back the artwork.
PEDROZUBIZARRETA.ART will then be responsible for handling the cancellation from the Buyer and shall process the refund within 5 days following the date on which PEDROZUBIZARRETA.ART has received the artwork back to the address appointed by PEDROZUBIZARRETA.ART after the Buyer request to exercise of his/her right of withdrawal. The refund applies to the price of the artwork paid by the Buyer less all related commission fees. Artworks that are damaged or dirtied by the Buyer shall not be accepted, nor refunded, PEDROZUBIZARRETA.ART reserves the right to decide at its sole discretion.
7 - STATUTORY GUARANTEES
The Seller commits to respect and implement the statutory guarantees of the Buyer, i.e. : the guarantee of non-compliance and the guarantee of hidden defects.
8 – FORCE MAJEURE
In case of a situation of force majeure, the execution of the contract may be suspended or, if it is completed, cause the cancellation of the sale. Expressly, are considered cases of force majeure or fortuitous events, those usually acknowledged by the jurisprudence of the Spanish courts and tribunals, i.e. an event that is out of the control of the debtor, which could not have been reasonably expected at the time of the contract being concluded, and whose effects cannot be avoided by any appropriate measures The party invoking Force Majeure must immediately inform the other party, as well as upon its extinction thereof.
9 - INTELLECTUAL PROPERTY
The Seller guarantees that Mr. Pedro Zubizarreta is the author of the ceded Artwork and that the latter does not violate any laws, regulations, and standards in force, or affects the rights of third parties. The artist will send to the buyer a signed authentication certificate issued by himself with the artwork.
The buyer can receive an original NFT from the artwork for an extra charge.
He commits to protect PEDROZUBIZARRETA.ART and the Buyer in case of any action brought by a third party about the ceded artwork, as part of the warranty of quiet possession. Upon the sale, the Seller assigns to the Buyer the material substrate of the artwork and its representation rights on the artwork. The Artist however retains his moral right on the artwork as well as the rights regarding its reproduction.
10 - DATA PROTECTION
PEDROZUBIZARRETA.ART gathers and retains the Buyer and the Seller’s personal data to ensure proper execution of these terms. See the full data policy here.