Terms & Conditions
Last updated: 02/05/2022
These Terms and conditions apply to this website and to the transactions related to our products and services. You may be bound by additional contracts related to your relationship with us or any products or services that you receive from us. If any provisions of the additional contracts conflict with any provisions of these Terms, the provisions of these additional contracts will control and prevail.
By registering with, accessing, or otherwise using this website, you hereby agree to be bound by these Terms and conditions set forth below. The mere use of this website implies the knowledge and acceptance of these Terms and conditions. In some particular cases, we can also ask you to explicitly agree.
3. Electronic Communication
By using this website or communicating with us by electronic means, you agree and acknowledge that we may communicate with you electronically on our website or by sending an email to you, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement, including but not limited to the requirement that such communications should be in writing.
4. Intellectual Property
We or our licensors own and control all of the copyright and other intellectual property rights in the website and the data, information, and other resources displayed by or accessible within the website.
4.1 Ángel Hernández Copyright
The image rights of every artwork created by the artist Ángel Hernández and displayed in this site (Art Prints, Art Books, Original Artworks) FOR SALE or NOT FOR SALE, remains with artist Ángel Hernández and for any use, copy, reproduction or modification, an authorization from the author is necessary.
4.2 All The Rights Are Reserved
Unless specific content dictates otherwise, you are not granted a license or any other right under Copyright, Trademark, Patent, or other Intellectual Property Rights. This means that you will not use, copy, reproduce, perform, display, distribute, embed into any electronic medium, alter, reverse engineer, decompile, transfer, download, transmit, monetize, sell, market, or commercialize any resources on this website in any form, without our prior written permission, except and only insofar as otherwise stipulated in regulations of mandatory law (such as the right to quote).
5. Third-Party Property
Our website may include hyperlinks or other references to other party’s websites. We do not monitor or review the content of other party’s websites which are linked to from this website. Products or services offered by other websites shall be subject to the applicable Terms and Conditions of those third parties. Opinions expressed or material appearing on those websites are not necessarily shared or endorsed by us.
We will not be responsible for any privacy practices or content of these sites. You bear all risks associated with the use of these websites and any related third-party services. We will not accept any responsibility for any loss or damage in whatever manner, however caused, resulting from your disclosure to third parties of personal information.
6. Responsible Use
By visiting our website, you agree to use it only for the purposes intended and as permitted by these Terms, any additional contracts with us, and applicable laws, regulations, and generally accepted online practices and industry guidelines. You must not use our website or services to use, publish or distribute any material which consists of (or is linked to) malicious computer software; use data collected from our website for any direct marketing activity, or conduct any systematic or automated data collection activities on or in relation to our website.
Engaging in any activity that causes, or may cause, damage to the website or that interferes with the performance, availability, or accessibility of the website is strictly prohibited.
7. Idea Submission
Do not submit any ideas, inventions, works of authorship, or other information that can be considered your own intellectual property that you would like to present to us unless we have first signed an agreement regarding the intellectual property or a non-disclosure agreement. If you disclose it to us absent such written agreement, you grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.
8. Shop Terms
8.1 Processing Times
Your order and the shipment of the corresponding item (or items) will be processed within 5 business days after payment. Orders received on Saturday or Sunday will be processed on Monday.
8.2. Cancellation Times
To cancel any order, write an email to firstname.lastname@example.org within first 24 hours after payment. If you request the cancellation within this time you will obtain a full refund, once that time has elapsed, the Return Policy will apply.
8.3 Shipping Policy
8.3.1 Shipping Costs
All the items has FREE SHIPPING.
- ART PRINTS A5 / ART BOOKS: Tracking code with information on arrival at the International Exchange Center. Signature is not required on delivery.
- ART PRINTS: Tracking code. Delivery to the recipient or a delegated person. Signature could be required on delivery.
- ORIGINAL ARTWORKS: Tracking code. Delivery to the recipient or a delegated person. Signature could be required on delivery.
8.3.2 Tracking Shipping Information
After the shipment has been processed, you will receive by email the information with the tracking number.
8.3.3 Delivery Times
Estimated delivery times excluding Saturdays and Holidays:
- Europe, United Kingdom: 5 – 10 days.
- Africa, Asia, North America, South America: 15 – 20 days.
- Oceania and Rest of the world: 25 – 30 days.
8.3.4 Items Shipped Separately
You could receive more than one shipment if order includes items that are not compatible with the packaging type, dimensions or category, for example: an Art Print in a tube and an Original Artwork in an envelope will be sent separately. This does not affect the free shipping cost and a tracking number will be generated for every individual package. However, please note that delivery times may vary for every individual package and could be delivered on different dates.
8.3.5 Lost or Delayed Shipments
If a shipment exceeds the estimated delivery times, write us an email to email@example.com to contact the parcel service as soon as possible and find a solution. Sometimes packages may take time to be delivered for reasons beyond our control, but we will be available to offer the necessary help in those scenarios.
8.3.6 Wrong Shipping Information
If the shipment is made to an erroneous or incomplete address written by you during the payment and the package is returned, you must pay any expenses that this could generate. We are not responsible for errors in addresses received to process shipments.
To avoid any damage during transport, items will be packed in carboard envelopes (for Art Prints A5, Art Books); carboard envelopes, semi-rigid covers and bubble films (for Original Artworks); or in rigid tubes (for Art Prints).
8.5 Returns, Refunds & Replacements Policy
Before completing any order, be sure to review the descriptions that accompany every item to avoid receiving something you don’t fully agree with. The images that accompany every item are referential but very similar to what you will receive.
You have the right to request an item (or items) return process and decide whether to receive a refund (8.6.2) or a replacement (8.6.3).
Returns are only accepted within 14 days of receiving the package. Before making any return, contact us by email for more information about the process: firstname.lastname@example.org. After agreeing by email the return, the item (or items) must be returned in its original condition and packaging without any damage, and a replacement or refund can be made.
- You are responsible for the charges and costs of returns.
- If the item (or items) arrive with any damage, we can only assume 50% of the total cost initially paid.
- Unopened item (or items) received in good condition will be 100% refunded.
- We reserve the right not to accept a return that does not meet these criteria.
You can ask for a refund of your order for a valid reason, but refund times vary depending on when you do it:
- If you cancel the order 24 hours after making the payment, an immediate refund will be managed according to the payment processor used and the time of this refund would be established by the payment processor.
- If you returned an item (or items) and the return process has been completed, including the approval of a refund, the refund is made within 5 days in the same payment method.
If you received a defective or damaged item (or items), we can arrange a replacement for you at no additional shipping cost. It is important that the report is made immediately with photos upon receipt of the package, sending an email to email@example.com to start the replacement process.
8.6 Local Taxes – Additional Taxes
Depending on the shipping area, additional fees may apply for import taxes or other considerations. These additional charges will be assumed in any case by the recipient of the shipped item (or items).
8.7 Original Artworks Characteristics
Textures, colors and other components of the originals artworks may vary from the images displayed on this site. Changes in light can also affect the perception of colors. All the art pieces displayed in this site are original artworks, signed with date and signature on the back. Imperfections in some pieces are part of the creative process and the result.
8.8 Art Prints and Art Books Characteristics
The reproductions of the drawings, illustrations and paintings for Art Prints or included in Art Books have been made with the greatest possible precision to preserve the original colors, textures and characteristics of the artworks. However, some original details could change or may not be visible due to the size adjustment for some formats.
9. Termination of Use
We may, in our sole discretion, at any time modify or discontinue access to, temporarily or permanently, the website or any Service thereon. You agree that we will not be liable to you or any third party for any such modification, suspension or discontinuance of your access to, or use of, the website or any content that you may have shared on the website. You will not be entitled to any compensation or other payment, even if certain features, settings, and/or any Content you have contributed or have come to rely on, are permanently lost. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
10. Warranties and Liability
Nothing in this section will limit or exclude any warranty implied by law that it would be unlawful to limit or to exclude. This website and all content on the website are provided on an “as is” and “as available” basis and may include inaccuracies or typographical errors. We expressly disclaim all warranties of any kind, whether express or implied, as to the availability, accuracy, or completeness of the Content. We make no warranty that:
- this website or our content will meet your requirements;
- this website will be available on an uninterrupted, timely, secure, or error-free basis.
Nothing on this website constitutes or is meant to constitute, legal, financial or medical advice of any kind. If you require advice you should consult an appropriate professional.
The following provisions of this section will apply to the maximum extent permitted by applicable law and will not limit or exclude our liability in respect of any matter which it would be unlawful or illegal for us to limit or to exclude our liability. In no event will we be liable for any direct or indirect damages (including any damages for loss of profits or revenue, loss or corruption of data, software or database, or loss of or harm to property or data) incurred by you or any third party, arising from your access to, or use of, our website.
Except to the extent any additional contract expressly states otherwise, our maximum liability to you for all damages arising out of or related to the website or any products and services marketed or sold through the website, regardless of the form of legal action that imposes liability (whether in contract, equity, negligence, intended conduct, tort or otherwise) will be limited to the total price that you paid to us to purchase such products or services or use the website. Such limit will apply in the aggregate to all of your claims, actions and causes of action of every kind and nature.
You may not assign, transfer or sub-contract any of your rights and/or obligations under these Terms and conditions, in whole or in part, to any third party without our prior written consent. Any purported assignment in violation of this Section will be null and void.
13. Breaches of these Terms and Conditions
Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, we may take such action as we deem appropriate to deal with the breach, including temporarily or permanently suspending your access to the website, contacting your internet service provider to request that they block your access to the website, and/or commence legal action against you.
You agree to indemnify, defend and hold us harmless, from and against any and all claims, liabilities, damages, losses and expenses, relating to your violation of these Terms and conditions, and applicable laws, including intellectual property rights and privacy rights. You will promptly reimburse us for our damages, losses, costs and expenses relating to or arising out of such claims.
Failure to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.
These Terms and Conditions will be interpreted and construed exclusively in English. All notices and correspondence will be written exclusively in that language.
17. Entire agreement
These Terms and Conditions shall constitute the entire agreement between you and Ángel Hernández in relation to your use of this website.
18. Updating of these Terms and Conditions
We may update these Terms and Conditions from time to time. It is your obligation to periodically check these Terms and Conditions for changes or updates. The date provided at the beginning of these Terms and Conditions is the latest revision date. Changes to these Terms and Conditions will become effective upon such changes being posted to this website. Your continued use of this website following the posting of changes or updates will be considered notice of your acceptance to abide by and be bound by these Terms and Conditions.
19. Choice of Law and Jurisdiction
These Terms and Conditions shall be governed by the laws of Venezuela. Any disputes relating to these Terms and Conditions shall be subject to the jurisdiction of the courts of Venezuela. If any part or provision of these Terms and Conditions is found by a court or other authority to be invalid and/or unenforceable under applicable law, such part or provision will be modified, deleted and/or enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions. The other provisions will not be affected.
20. Contact Information
This website is owned and operated by Ángel Hernández.
You may contact regarding these Terms and Conditions by writing or emailing at the following address: firstname.lastname@example.org