Terms and conditions of use Policy - Mário Sousa.
Updated Date: 19 July, 2018
The present General Terms and Conditions (hereinafter, the “Terms”) regulate the use of the online shop www.mariosousa.com (hereinafter the “Shop”) owned by Mario Sousa Rodrigo de Abreu e Preza De Castro e Sousa Y6016630-M, with tax ID number and registered office in Madrid (28027), Calle Virgen del Lluc, 34, local B (hereinafter, the “Artist”).
Please read the following carefully, as these are the contract conditions you submit to as a customer of our online shop. The following terms and conditions of sale apply to all purchases made on this website.
The Artist reserves his right to modify at any time the get-up and configuration of their website as well as the present Terms. Therefore, it is recommended that customers read them carefully every time they access the online shop.
Customers and users shall have these Terms and conditions always available in a clearly visible, freely accessible place as often as they need to check them. The acceptance of the Terms shall be an indispensable step preceding the purchase of any product available in the online shop.
For questions, enquiries or suggestions please send an email to email@example.com.
Access to the online shop
You can access the online shop directly via the link www.mariosousa.com.
The Shop is intended for adults. To access the Shop and to purchase an item it is not necessary to be a registered user.
The works offered by the Artist are listed in the catalogue you can find at www.mariosousa.com. The Artist shall adopt all necessary and reasonable measures to guarantee that all details, descriptions and prices of the works shown in the online Shop are correct.
In general terms, you can purchase two kind of works through the Shop:
Derivative works from images provided by the customer (“Customized Works”).
Derivative works from images provided by the Artist.
Select your product
You can view our catalog at www.mariosousa.com/paintings. A list of available items will be show to you. You can now choose the item of your preference and click on it to see the product page which will offer you more details about it.
After reviewing the items, you can start the purchase process by clicking on the corresponding Paypal button at your disposal. This action will lead you to the Paypal official webpage, where you can make the payment. If you have not yet identified yourself as a Paypal user, you will be asked to create a user account in order to complete the payment. The item you selected will be sent to the address specified in Paypal.
If you already are a Paypal user, you can click on "Login".
Prices and payment method
All the works prices given on the Shop include the VAT and any other taxes that may apply. Shipment costs are not included in the price. Those costs are calculated depending on the delivery address chosen by the customer.
Full payment of the price shall be made before finalizing the order.
Customers must settle the price of their order by payment via Paypal. We do not, and will not ever ask for your financial information when processing a purchase order.
If an error is detected in entering the price of an item after receipt of an order, we will contact the consumer as soon as possible to inform him/her of the incident, and offer the option of cancellation or maintenance under the correct conditions.
The remission of an automatic confirmation does not validate incorrect price conditions. In case of cancellation, any amount that has been paid by the consumer will be refunded. The shipment will not be processed without the consumer's express agreement with the correct pricing conditions.
The Artist may modify at any time the price of the Works offered through its website. The final price will be the one in force in the advertising coinciding with the moment of formalizing the order.
Delivery times are indicative. Except for technical errors of our systems, the products that are in stock and whose order is confirmed and validated before 14:00 hours from Monday to Friday will be sent the same day.
If the delivery address is located in the Iberian Peninsula, delivery will take place within approximately seventy-two (72) working hours after shipment. The products will be delivered through the courier company chosen by the Artist. Before the purchase the consumer can select his/hers delivery address geographical area to where the product will be set. If the delivery address is located outside the European Union, the delivery will take place within approximately 1-2 weeks working days after shipment.
Please, acknowledge that the items listed on the website are the result of a combination of machine work and hand work made by the artist. The creative process typically takes between four (4) and six (6) weeks. Notwithstanding, the duration of the creative process may vary depending on the Artist’s workload.
The transport of the shipments will be provided by a third party. The Artist will not take any liability for any damage, delay or Act of God during the delivery of the work.
In case of additional charges for the service, transport or special characteristics of the item will be communicated to the consumer and detailed in the final price prior to payment of the purchase.
Changes in delivery address
Once the order has been shipped, it is not possible to change the delivery address.
The works on sale through our Shop are subject to copyright. All rights are reserved. When you purchase a work from the Shop, the Artist grants you a worldwide, non-exclusive license to use, reproduce, exhibit, store the work for private uses for the maximum period allowed by law.
All Intellectual Property rights not covered by the preceding paragraph shall be deemed to be excluded from this license.
In addition, logos, trademarks, texts, icons and other content subject to industrial and intellectual property rights are protected by the laws in force and applicable to the matter. The Artist has obtained the authorization of the person who holds these rights, to make use of these contents or materials.
Right of withdrawal
The right of withdrawal entitles the consumer to return the purchased order without having to justify his decision. The consumer has a period of fourteen (14) calendar days from the day following delivery of the product ordered.
Notwithstanding, the right of withdrawal will not be applicable in the following cases, without prejudice of the exceptions listed on the section 103 of the Spanish Law 3/2014:
Goods made according to consumer and user specifications or clearly customized.
Provision of services fully executed with the express consent of the consumer or user.
Sealed goods which are unfit to be returned for health or hygiene reasons and which have been unsealed after delivery.
Sealed audio or video recordings or sealed software which have been unsealed by the consumer and user after delivery.
Services related to leisure activities if the contract provides for a specific date or period of performance.
Digital content that is not provided on a material medium when the execution has begun with the prior express consent of the consumer and user with the knowledge on their part that consequently loses their right of withdrawal.
The consumer may inform the Artist about his or her wish to exercise their right of withdrawal by sending an email to firstname.lastname@example.org with the form we provide at the following link: Widthdrawal Form
However, the consumer has the possibility of communicating his or her wish to withdraw from the contract through any communication channel with the Artist, without having the obligation to use the withdrawal form provided by us. If the consumer does not use the form, it is necessary for him/her to provide us an unequivocal statement that he/she wishes to exercise his/her right of withdrawal, identifying him/herself as purchaser of the product.
Once the withdrawal form or the unequivocal statement has been sent, the Artist will send a communication to the consumer confirming the exercise of this right.
Unless the Artist offers to collect the product, the consumer must return it to the Artist within fourteen (14) calendar days from the day after on which the Artist was informed of its decision to withdraw from the contract.
Once the consumer has exercised his right of withdrawal, the Artist will proceed to refund all amounts he has received, including the shipping costs within a period of fourteen (14) calendar days from the day following that on which the Artist was informed by the consumer of his/her withdrawal. However, if it is the consumer who makes the return of the product, the Artist may withhold the refund until the product is received or until the consumer provides proof of the return of the good, for example, proof of the carrier's where appears the consumer's and seller’s name.
The amounts to be returned will be paid through the same means by which the purchase was made. In the event that the consumer expressly chooses a mode of transport and delivery other than that which is less costly than ordinary delivery, the Artist will not reimburse these additional costs.
If the consumer exercises the right of withdrawal, no penalty payment will be required. However, the consumer is informed that he or she will have to pay shipping costs for the return of the goods. In addition, the Artist may also hold the consumer liable for the decrease in the value of the product returned through handling other than that necessary to establish the nature of the product, its characteristics or performance.
The consumer must return the products together with the invoice and delivery note. The products must be in perfect condition together with the seal with which it was sent and manuals and accessories, as well as possible gifts that the Artist could have delivered to the consumer for the purchase of the good.
The Artist may be contacted via the following channels in order to exercise the right of withdrawal, as well as for any complaint regarding your purchase:
Telephone: +34 610040959
Address: Calle Virgen del Lluc, 34, local B. - Madrid (28027)
The product purchased by the consumer has a legal guarantee of two (2) years as established in the Spanish General Law for the Defense of Consumers and Users. However, certain products are excluded from the application of the guarantee. Such is the case of those that are not considered durable goods as provided in Annex II of Royal Decree 1507/2000.
The consumer will be able to claim, through the channels of attention to the consumer previously indicated, his disagreement with the product delivered. You will need to keep the purchase invoice in order to exercise your right.
For those conflicts that could be generated between the consumer and the Artist as a consequence of a breach of the present General Terms and Conditions as well as any other special conditions will be governed by the provisions of current legislation, being applicable the rules of the Spanish Law.
If any of these terms is deemed null and void or unenforceable, such provision shall be deemed not to have been made and shall not affect the validity of the remaining provisions.
We inform you that there is a European extra-judicial online platform for settling disputes concerning contractual obligations arising out of sales or service contracts concluded online between a consumer and a trader resident in the European Union, through the intervention of an alternative resolution entity.
In case of conflict or breach of contract, you will you can submit a complaint online in the portal, accessing this platform from here: https://ec.europa.eu/consumers/odr/main/?event=main.home.show
SPECIAL SALES CONDITIONS FOR CUSTOMIZED WORKS
The purpose of the present special sales conditions for customized works (hereinafter, the “Special Conditions”) is to regulate the relationship between the consumer and the Artist regarding to the acquisition by the consumer of a customized work (hereinafter, “Customized Work” or “Customized Works”).
The present Special Conditions are part of the General Terms and Conditions, nonetheless if any conflict arises between the above-mentioned texts the Special Conditions shall prevail. Any matter not stated hereto shall be governed by the provisions of the General Terms and Conditions.
The Customized Works
The Artist offers to the customer the service of obtain a unique Customized Work based on an image provided by the customer.
“Your content” means all works and materials (including but not limited to text, graphics, images) that you submit to the Artist for storage or publication on, processing by, or transmission via, our website.
Grant of license
By uploading an image to our Shop you grant the Artist a worldwide, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate, distribute and sub-license your content in any existing or future media for the maximum period allowed by law (hereinafter, the “License”).
You are the exclusive owner or licensee of the intellectual property rights in the Photographic Works, thereby ensuring that it is legitimate and sufficiently empowered to grant this License.
You have gathered the appropriate permissions regarding to trademarks, landmarks, and any other intellectual property rights clearances.
Your content does not infringe any third party rights.
In this regard, you agree to indemnify and hold harmless the Artist from any damages or expenses arising from claims by third parties arising as a result of such warranties.
Your content needs to have at least the same resolution as the desired resolution for the final Work for the Artist to reproduce a high quality artwork. Please, note that the better the original resolution, the better the final result. You hereby agree and accept that no artwork will be produced by the Artist if these quality conditions are not met. If you are not able to provide your item with this detail, please do not make an order, until your photograph is in the ideal conditions for starting your order.
Branding works such as company icons, movies, music, and /or brands in general are not included in the present Special Conditions. If you want to order a branding work, please send an email to the Artist (email@example.com) for special large commission artwork requirements.
Without prejudice to our other rights under these Terms and Conditions and the Legal Notice, we may delete, unpublish or edit any or all of your content if you breach any provision of the present Special Conditions, General Terms and Conditions or the Legal Notice.
The consumer acknowledges and accepts that he or she has not right of withdrawal in case of the purchase of Customized Works because it constitutes an exception to the withdrawal right stated in the article 103 of the Spanish Law 3/2014.
The Artist can cancel any purchase at any time. In that case, all the amounts paid by the user will be reimbursed in full.
SPECIAL SALES CONDITIONS FOR SUBSCRIPTIONS
The present Special Conditions for Subscriptions are part of the General Terms and Conditions, nonetheless if any conflict arises between the above-mentioned texts the Special Conditions for Subscriptions shall prevail. Any matter not stated hereto shall be governed by the provisions of the General Terms and Conditions.
The Artist offers a yearly subscription to his Works. The Artist will release a piece of work every three (3) months, print it, and send it to the Customer.
Limited Yearly Edition
The number of printed works will be limited to the number of subscriptions every year, and the Works will never be reprinted on that particular size and coloring technique.
Modality of subscription
The Customer can choose the Works print size between three (3) available sizes: A4, A3 and A2. Furthermore, the Customer will be able to choose if he / she desires an additional UV protection layer on the Work in order to preserve the intensity of the colours.
The payment will be made at the time of purchase a subscription and on a yearly basis from that date.
SPECIAL CONDITIONS FOR RENT A WORK
The present Special Conditions for Rent a Work are part of the General Terms and Conditions, nonetheless if any conflict arises between the above-mentioned texts the Special Conditions for Rent a Work shall prevail. Any matter not stated hereto shall be governed by the provisions of the General Terms and Conditions.
The Artist offers a service for renting his printed Works. This service is subject of special conditions agreed between the Customer and the Artist at the time of booking of the service.
The works must be returned in the same condition as they were delivered by the Artist. The client will be responsible for all damages suffered by the Works that are not due to transport.
SPECIAL CONDITIONS FOR DOWNLOAD EDITIONS
The present Special Conditions for Download Editions are part of the General Terms and Conditions, nonetheless if any conflict arises between the above-mentioned texts the Special Conditions for DOWNLOAD EDITIONS shall prevail. Any matter not stated hereto shall be governed by the provisions of the General Terms and Conditions.
The Artist offers a service for downloading his digital Works. This service is subject of special conditions agreed between the Customer and the Artist at the time of booking of the service.
The Digital Works
The Digital Works are provided as is, and the Artist shall not be held liable for any harm caused to the Customer by any programming error during the creation of his digital works. The Artist grants the Customer a worldwide non-exclusive license for the Customer Personal use. Please provide proper credit of the Artist when using any of his digital work. Commercial use is not given to the Customer under this license. Any Commercial use by the Customer must be agreed upon with the Artist before any use of the digital works.