ACCEPTING THE TERMS OF THIS AGREEMENT IS AN ESSENTIAL CONDITION WHEN PURCHASING WORKS OF ART THROUGH ART GALLERY NIKA

This contract is a contract between ARTGALERY NIKA S.L., with CIF B445588028, whose business is the virtual gallery www.artgallerynika.com and the User who purchases works of art contained in www.artgallerynika.com.

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THE USER

You accept and express your agreement with the Terms and Conditions of this Agreement and by purchasing any work of art contained in the page www.artgallerynika.com, you acknowledge that you have read, understood and accepted the Terms and Conditions of this Agreement.

The Internet is the means of relationship between the Buyer and ART GALLERY NIKA, establishing this sale as a Public act and participation in it being voluntary.

 

ART GALLERY NIKA

​acts as a gallery, representing and selling works of art by artists that appear for sale on the online sales platform www.artgallerynika.com. ART GALLERY NIKA is authorized by the authors of these works of art to facilitate the acquisition of the work of art that appears on its Website and to sign the terms of this agreement. The works of art are sold as unique collection pieces, having been assigned by the authors the corresponding exploitation rights of the same to proceed in accordance with the terms of this contract.

The reproductions of the works of art that appear on this sales platform are as reliable as possible, although it is possible that the colors are not exactly the same or that there are slight millimeter variations in the measurements, or that there are minimal image deformations.

 

 

The Terms and Conditions that the user accepts for the acquisition of pictorial works of art are as follows:

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​1. These Terms and Conditions are a Legal Agreement between the User and ART GALLERY NIKA.

 

 

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​2. The user declares and guarantees that:

​a) The user is 18 years old and acts in own name and right, so has legal capacity and right to contract and be bound and, consequently, to accept the terms and conditions of this contract.

​b) He/she will not allow anyone to use own user name or password to access the online sales platform www.artgallerynika.com and to contract on his or her behalf.

​c) The user will not violate the terms of this this agreement.

​d) The information and data  provided to the ART GALLERY NIKA Website are accurate and reliable, including, without limitation, bank card or other banking details.

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​3. The user understands and accepts that ART GALLERY NIKA may, at its own discretion:

​a) Track possible abuses of the user name and password in connection with the ART GALLERY NIKA Website or this Agreement.

b) Immediately close the user account if it is detected that the user applies or attempts to apply automated means to download the content in violation of any right that does not belong to him (among others, Intellectual Property rights derived from the works of art that appear on www.artgallerynika.com)

c) Close the user account, without prior notice, if ART GALLERY NIKA detects any violation of this Agreement and/or any abuse in relation to the user name or password.

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​4. The user declares awereness of the ART GALLERY NIKA's conditions of purchase and data protection , reflected on its website www.artgallerynika.com, and reflected in full in the following section:

PURCHASE CONDITIONS AND PRIVACY POLICY

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4.1. Purchase/Reserve:

The order placed by the user represents an offer to ART GALLERY NIKA to conduct this purchase contract. When placing an order at www.artgallerynika.com the user will receive an e-mail confirming receipt of the order with detailed information regarding it. This confirmation does not represent a definitive acceptance, since the contract will be considered formalized only when ART GALLERY NIKA will the product to the client, confirming it via e-mail. For the shipment to be made, it is a sine qua non condition that the stipulated amount has been paid and received in the ART GALLERY NIKA account by any of the agreed means.

The Work from the ART GALLERY NIKA collection can be purchased as follows:

a) Work of art exhibited in our gallery, external exhibitions or fairs:

Works of art exhibited in our gallery, foreign exhibitions or fairs can be purchased on site.

b) Work of art available online:

If the shipping address is the European Community, the work of art can be purchased by making an immediate purchase through the address www.artgallerynika.com. In case the shipment has to be made outside Europe, the user/client must send to ART GALLERY NIKA a commission order via e-mail. The order will be firm once received or the credit to ART GALLERY NIKA's account of the invoice corresponding to the ordered works of art, their transportation and customs/tariff costs. If there is no record of it within a period of 1 week, ART GALLERY NIKA will communicate its cancellation by email.

c) Work of art not available online:

If the user/client is interested, they must fill in and send ART GALLERY NIKA an availability request form to make the purchase. Once availability  verified and confirmed, ART GALLERY NIKA will  allow the user/client to formalize payment by bank transfer within 1 week time. If payment is not made or there is no evidence of payment within the indicated period of 1 week, ART GALLERY NIKA will inform gthe user/client by email of the cancellation of the order.

The prices of the works of art for sale in our e-commerce stores include VAT (Value Added Tax). Purchases made by VAT taxpayers. (companies, entities, organizations...) residing in the European Union, except Germany, and possessing an intra-community NIF, will be exempt from paying VAT, with the sending of said document by email to artgallerynika.cds@gmail.com being an essential condition. Purchases made by natural or legal persons residing in non-EU countries will be exempt from paying VAT.

Orders will not be served in PO Boxes.

The purchasing system is subject to the legislation in force in Spain, therefore sales operations will be understood to be carried out at the registered office of ART GALLERY NIKA: located at Pacífico Street, 3 edf. Realia, bl 1, loc. 4 29004 Malaga, Spain.

 

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4.2. Authenticity Guarantee

All works of art are sold with a certificate proving their authenticity, duly signed by the artist, which justifies that it is a unique and original work of art. It is also accompanied by the number with which that work of art has been registered with the corresponding Intellectual Property Registry.

 

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4.3. Return guarantee:

a) Work acquired in our gallery, at a fair or in foreign exhibitions

Works of art purchased during an exhibition, either in our own facilities or in external locations such as fairs, museums, etc. are exempt from exchange or return.

For this reason, the client undertakes to examine the works of art in detail, to look for possible defects and to determine variations in the fundamental characteristics of the description of the work before purchasing it.

In cases when clients acquire work examined in our gallery  at a fair or in a foreign exhibition within six months following its on-site observation it will be considered within the category “Work acquired in our gallery, at a fair or in foreign exhibitions.

b) Work acquired in or via the on line gallery because it is work not available online or shipped outside of EU.

If the user/client wants their order to be cancelled, they must inform ART GALLERY NIKA as soon as possible, at most within 12 hours following the formalization of the purchase, since from this moment it is most likely that the work of purchased art has already begun to be transported to its destination, and the shipment cannot be stopped. In this case, the shipping and return expenses will be charged to the client's account.

For users/clients in the European Community who decide to make a return within the terms specified in the general conditions of ART GALLERY NIKA, there is a table accessible in the link "Conditions and shipping costs" of www.artgallery.com, where the shipping costs to be returned to ART GALLERY NIKA are reflected. In all other cases, the shipping costs to be returned to ART GALLERY NIKA for the return will be economically equivalent to the invoiced shipping costs.

The work of art is protected by intellectual property rights, in the case of articles susceptible to copying, so the user/client and buyer may return the work of art within a period of seven days from receipt of it, as long as user/client has not opened or damaged the received delivery package, keeping the original packaging with its attached labels and returning it in perfect condition. In this case, the shipping and return costs, including customs costs and local taxes if they are from abroad, will be the charged to the client's account.

The customer also has seven days to return from the moment of receipt, in case they detect that there has been an error in shipping or the work of art is damaged. Attention: In this case, when you open the outer packaging you will see that the work of art is protected by a second transparent wrapper that allows you to view the work of art, and you should not break said wrapper, since since they are works of property intellectual property susceptible to reproduction without the consent of the legitimate owner of the rights derived from them, the user/client and buyer will lose their right to a refund if this second packaging is opened.

ART GALLERY NIKA will return the full value of the order as long as it is proven that there has been an error on the side of ART GALLERY NIKA, and the user/client has respected the second transparent packaging just mentioned. If the return is for another reason or is made after the deadline, the return costs will not be reimbursed.

If for any reason you have to make a return, you must contact ART GALLERY NIKA via email to request the address to which you should make the return.

Therefore, ART GALLERY NIKA reserves the right not to accept the return in case the work of art is not in the state in which it was delivered.

The refund of the amounts related to each of the cases will be made in the same way in which it was paid.

In case of an order return and once received, the ART GALLERY NIKA will send an email confirming receipt of the package to the consumer within 24 hours of receiving it. In cases where it is a weekend and it is not feasible to meet this deadline, the confirmation email will be sent on the business day following receipt.

In this communication with the user/client, as many observations on the order as are appropriate will be made. Thus, the company will be able, if necessary, to send a communication to inform about delivery times or any incident detected therein.

 

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4.4. Claims:

For any claim, the user/client may contact ART GALLERY NIKA through the email address artgallerynika.cds@gmail.com, or by calling the telephone numbers advertised on the online sales platform www.artgallerynika.com

 

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4.5. Delivery method and time:

Once payment for the work of art has been received, ART GALLERY NIKA undertakes to manage the shipment of the work of art within a maximum period of 3 business days. The estimated shipping time is 2 to 7 business days depending on the destination, the size of the work of art and the transport or courier company. The shipment will be made with the work of art perfectly protected and accompanied by the documentation related to the author and the work of art.

Unless otherwise agreed, delivery will be made to the address provided by the customer. Both through our staff and on the ART GALLERY NIKA website you will find indications regarding the forms of delivery. These data are probable and indicative. They are not guaranteed or firm delivery/shipment dates.

If ART GALLERY NIKA observes, during the management of its order, that the work of art has been acquired in parallel and is not available, it will immediately inform the client. In the case of online purchase you will be notified by email.

Clarification

ART GALLERY NIKA will process your order within a maximum of three business days, the arrival time of the package depending on what is anticipated by the transport company according to the geographical region of destination.

ART GALLERY NIKA is not responsible for additional expenses or returns as a result of special taxes of destination, customs or similar.

ART GALLERY NIKA is not responsible (and the user/client expressly exempts ART GALLERY NIKA) from the consequences or possible damages that may have been caused to that user/client as a result of technical computer failures that occurred on the server. of the internet where the online sales platform is hosted, as they are totally beyond their control.

In the event of claims, the amount claimed may not be in any case higher than the purchase price.

 

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4.6. Conditions and shipping:

Shipping costs within the European Community will be borne by ART GALLERY NIKA, except in cases of return or the cases stipulated in section 4.3. ART GALLERY NIKA will not cover customs expenses at destination or other taxes (tariffs), if these are necessary, as is the case, for example, of Gibraltar, the Canary Islands, Ceuta and Melilla.

Shipping costs outside the European Community will fall on the customer, except in the cases stipulated in section 4.3. For more information see the link "shipping costs" at www.artgallerynika.com.

In countries not belonging to the European Union, customs charges at destination or other taxes (tariffs) are not included in shipping costs. The recipient will have to pay them to whoever corresponds in order to receive the merchandise. The recipient will be responsible for all import costs and taxes generated at the destination customs office, whether the merchandise is delivered or not. Long from her.

Given the circumstances of some countries that do not belong to the European Union, we will try to ship the order in the shortest possible time, but the recipient must take into account the provisions of the destination country for the importation of the requested items, since that ART GALLERY NIKA has no responsibility for them.

The effects produced by strikes, war conflicts or other unforeseeable circumstances and/or beyond its control will not be attributable to ART GALLERY NIKA. ART GALLERY NIKA will not be responsible for delays in customs clearance or confiscation of any items contained in a shipment by local authorities.

Shipping costs for all exported products are based on weight, measurements and delivery destination. Orders over 5 kg and large or bulky items are subject to additional transportation charges and delivery times may vary.

In the event that a client purchases several works of art, ART GALLERY NIKA has the right to partial deliveries without additional costs for the client.

In the event that delivery of the merchandise is not possible because the customer is not at the shipping address, the customer will bear the costs of unsuccessful delivery.

 

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4.7. Payment Methods

You can choose between the following options:

a) Credit or debit card (virtual POS)

It is a secure payment that accepts credit cards: Visa, Mastercard, American Express as well as debit cards: Visa Electron, Mastercard Maestro.

The system will ask the customer for the card number, the expiration date and the security numbers on the back. In the case of Visa, Mastercard and Maestro you will be connected directly to your bank.

 

b) Payment in advance by bank transfer

With the order confirmation, the bank account to which the transfer must be made will be sent to the client, for national clients to a national bank account and for international clients to a European bank account.

 

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4.8. Anti-spam regulations:

It is possible that the mail server where the client has their email address has a strict anti-spam policy and does not accept our emails, so the client cannot receive it for reasons beyond the control of ART GALLERY NIKA. In this case, the client can always claim it and ask that this shipment be made through another email address.

 

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4.9. Confidentiality and data protection policy

In compliance with the provisions of Organic Law 15/1999, of December 13, on the Protection of Personal Data, ART GALLERY NIKA informs its Clients and Associates of the existence of an automated file of personal data created with the data obtained on its website whose purpose is to process orders, send information about works of art offered on its website, as well as carry out promotional and advertising activities that may be of interest to you.

In compliance with the provisions of Organic Law 15/1999 of December 13, on the Protection of Personal Data, the user may at any time exercise their right of access, rectification, cancellation and opposition, by means of a written request addressed to the following email address: artgallerynika.cds@gmail.com.

ART GALLERY NIKA undertakes to respect confidentiality in the use of the data included in the file, and not to transfer it to third parties, as well as to comply with its obligation to store it and to adopt all measures to avoid alteration, loss, treatment or unauthorized access, in accordance with the provisions of the Regulation on Security Measures for automated files containing personal data, approved by Royal Decree 994/1999, of July 11. Therefore, commercial transactions will be carried out in a secure server environment under the SSL (Secure Socket Layer) protocol and all communications are transmitted encrypted under 128 or 256-bit encryption, which ensures the highest level of protection for communications.

ART GALLERY NIKA has adopted all legally required security measures to protect the personal data provided by the user. However, ART GALLERY NIKA cannot guarantee the absolute invulnerability of its security systems, nor can it guarantee the security or inviolability of said data in its transmission over the network.

 

 

 

5. Industrial Property Rights:

​ART GALLERY NIKA is the owner and has all industrial property rights over the ART GALLERY NIKA brand, both nationally and internationally. The user undertakes not to violate such rights.

​©ART GALLERY NIKA - All rights reserved

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​6- Intellectual Property Rights:

​All artwork sold through ART GALLERY NIKA is protected by intellectual property rights. ual, and has been conveniently registered in the intellectual property offices, each of them obtaining its corresponding registration number.

Likewise, ART GALLERY NIKA is the exclusive owner of all Intellectual Property rights that derive from the design and content of its online sales platform.

 

6.1. ART GALLERY NIKA sells the authors' works of art only as unique collector's works

 

6.2. The User undertakes to respect those intellectual property rights that have not been transferred by the authors of the works of art that they acquire.

 

​6.3. ART GALLERY NIKA acts as Dealer, so any dispute regarding the violation of copyright must be resolved between the owner of such rights and the person who acquires his or her work of art, in any case and under the express agreement of the acquirer, In the event of litigation, ART GALLERY NIKA or the author of the acquired work of art may provide this agreement to the corresponding administrative or judicial bodies, in defense of their own rights.

 

​6.4. The User understands that the work of art acquired through ART GALLERY NIKA and its images are protected by copyright, and therefore any unauthorized use of them will be considered a violation of those rights.

 

​6.5- The User must NOT use the purchased work of art:

​a) As part of advertising or commercial advertisements in magazines, newspapers or any other mechanical or digital printing medium, as well as any other

b) As a design element of a Web page, video game or CD-ROM, nor in connection with any Web template or any software product intended for distribution or use by third parties.

c) As part of promotional, advertising or marketing materials, including printed advertisements, commercial emails, brochures and commercial presentations

d) In connection with the business or entity of the user or any other, such as in collective identification documents and letterheads

e) In a telematic presentation (for example Power Point)

f) As design elements in a video, film or television program

g) Distribute the images of the works of art contained on the Web www.artgallerynika.com, neither electronically nor by hard drive copies, except if authorized

h) Authorize a third party to use the works of art or images of the works of art for industrial or commercial purposes

i) Share images of works of art over a network, on a CD or through any other mode of dissemination

j) Under no circumstances, use automated or programming means or methods to download the images of the works of art present on the ART GALLERY NIKA online sales platform.

k) Under no circumstances, use the images of the works of art as part of the content of pornographic, obscene, immoral, defamatory or illegal materials, promotion of products or production of material related to sensitive contexts or issues such as health, mental or other similar aspects

l) The user will not violate any intellectual property right, which, although not present in the previous sections, has not been expressly transferred through this purchase-sale operation.

 

6.6. In no case can ART GALLERY NIKA, its employees, directors and officers and all collaborators of ART GALLERY NIKA, be held responsible for any indirect, special, accidental, economic or consequential damage, as a result of the violation of intellectual property rights of third parties. In this regard, they will ask the artists they represent to certify that the work of art they provide to ART GALLERY NIKA for marketing is their unique and original work. ART GALLERY NIKA may be informed of any violation of intellectual property rights, automatically proceeding to remove said work from its Website and giving the information it deems appropriate to the affected person.

 

​6.7. The user shall defend, indemnify and hold harmless ART GALLERY NIKA, its employees, directors and officers and all collaborators of ART GALLERY NIKA and each of its successors, from liability for any damages, liabilities and expenses (including reasonable fees of attorneys and costs allowed and authorized), arising from any claim brought by a third party in relation to the user's misuse of intellectual property rights; as well as those arising from non-compliance by the user with this Agreement.

 

 

 

​7. Applicable legislation

​The following laws, among others, will be applicable to this contract:

 

​7.1. Regulations applicable to electronic commerce:

​Law 34/2002 on Information Society Services and Electronic Commerce (LSSICE); Organic Law 9/15/1999 of December 13 e Protection of Personal Data; Law 7/96 on Retail Trade Regulation; Law 7/98 on General Contracting Conditions; Law 34/1988 General Advertising, etc.)

 

7.2. Applicable intellectual property regulations:

​Royal Legislative Decree 1/1996, which approves the consolidated text of the Intellectual Property Law.

 

7.3. Industrial Property Regulations:

​Law 17/2001, on Trademarks

 

7.4. Other regulations:

​Law 3/1991, on Unfair Competition.

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8. Clause of saving

This Agreement constitutes the entire agreement made between the user and ART GALLERY NIKA regarding the subject matter. If any provision of this Agreement is declared ineffective or void, the remaining provisions will not be affected, and the remainder of this Agreement will be construed strictly to effect the intentions of the parties. ART GALLERY's failure to comply with any provision of this Agreement shall not be deemed a waiver of compliance with the same or any other provision. The interpretation and compliance of this Agreement must be applied in accordance with the applicable laws in this regard.

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9. Submission clause

Any questions of interpretation that arise regarding this contract will be decided in the competent courts of Madrid by mutual agreement of the parties, expressly waiving any other jurisdiction or jurisdiction that may apply to them. The address for proceedings, communications and notifications is set for the company ART GALLERY NIKA as the one that appears in this document, and for the buyer the same address that constitutes the object of this contract.

ART GALLERY NIKA reserves the right to change, modify and extend the purchase conditions.

 

In Malaga.

​The date of signing the contract by the user is the telematic date on which the management is carried out.

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