General Conditions of Sale of Works

Pricing Policy:

Mod & Con Art S.L. reserves the right to unilaterally modify the price of works and services offered through its website at any time. To ensure the client certainty and security regarding the prices of its products, the applicable price will be the one in effect at the time the order is placed.

Electronic Purchase Process:

The following steps will be followed according to the options menu listed on the Mod & Con Art S.L. website:

Information about the offered work(s):

Includes author, description, dimensions, and photograph.

Information about the product price:

Includes the retail price of the work to be purchased, which does not necessarily encompass the final cost for the client, which may include VAT, shipping costs, and insurance for goods and handling costs derived from transport. Therefore, the final cost will be communicated to the client during the electronic purchase process before they formalize their acceptance.

Order Acceptance:

Once the order is formalized, and the client’s consent to the validity and effectiveness of the purchase contract that binds the parties is understood, Mod & Con Art S.L. will electronically store the order, except for reasonable typographical errors, in which case the order cannot be processed. After the order is accepted, Mod & Con Art S.L. will inform the client by sending the order confirmation and also sending the current general conditions of Mod & Con Art S.L. to the email provided by the client.

Payment Methods for the Client:

The following payment systems are established:

1. Prepayment: By cash deposit or bank transfer of the full amount in favour of the bank account owned by Mod & Con Art S.L, in both payment methods expressly mentioning the order number to which the payment refers to. Orders not paid into the Mod & Con Art S.L. account 7 days after order confirmation, will be automatically cancelled unless agreed by Mod & Con Art S.L. in writing. The established value limit is 3,000 EUR per order. If this amount is exceeded, the client must communicate via email with Mod & Con Art S.L. as specified in Section II of the General Conditions and Use of the website. It is important to remember that some banks may take 1 to 2 business days to make the transfer effective, and cash deposits may take a minimum of 24 hours to be reflected in our system.
2. Credit Card: Payment by credit card will be made through a payment gateway, without any impact on the client (Mod & Con Art S.L. will not store any of the client’s banking details).
3. Order Financing: To learn about this payment method and its characteristics, please contact us via email at info@galeriamarcdomenech.com or by phone at +34 935 95 14 82.
4. Invoice: Mod & Con Art S.L. will issue a physical invoice, which will be sent and delivered along with the order to the address designated by the client. Mod & Con Art S.L. warns that it cannot subsequently modify the sales invoices after billing in compliance with current regulations (Royal Decree 1496/2003 on billing regulations, amended by Royal Decree 87/2005). The invoice will be issued in the name of the individual or company that places the order, so the client must ensure the order is made in the correct name. Subsequent changes will not be possible. Mod & Con Art S.L. warns that, for personal data protection reasons, only invoice duplicates will be issued to the contract holder. No duplicates will be issued to third parties. Mod & Con Art S.L. will not send invoice duplicates by fax or email but only to the address designated by the contract holder.

5. Delivery Time of the Purchased Work:

An approximate period of 30 days is established for the effective delivery of the work from the moment the delivery date is fixed when the order is placed. The 30-day period begins from when Mod & Con Art S.L. becomes aware of the payment for the purchased work. The delivery time of the work will depend on the location and country, as well as the shipping method chosen by the client. The client has the right to withdraw from the contract within a period of 14 calendar days without indicating the reason and without incurring any cost other than those provided in articles 107.2 and 108 of Royal Legislative Decree 1/2007. In any case, the client must exercise their right of withdrawal in writing, through the corresponding written communication, by letter, fax, or email to Mod & Con Art S.L. If the right of withdrawal is exercised, the return of the item and the price paid for it will proceed.

6. Place and Method of Delivery:

The order will be delivered to the address designated by the client at the time of contracting. Subsequent modification of the delivery place requested by the client will only be possible before the order leaves our gallery and will incur additional costs over the sale price that will be borne by the client. Once the order is delivered to the carrier, changing the delivery address will not be possible unless the client bears the costs and this is expressly agreed upon by the parties. The work will be delivered to the client by a transport company, along with a delivery note containing information to identify the client, the order, and the number of packages making up the shipment. The work will be covered at all times by insurance against transport risks, loss, and handling during transport. Important: The client must ensure that the received package is externally in good condition. Otherwise, they must note this fact on the carrier’s delivery note, refuse delivery, and notify Mod & Con Art S.L. in writing within the next 24 hours. In cases of damage to the work or lack of conformity due to transport causes (which are not evident at the time of delivery or not externally visible), they must be notified to Mod & Con Art S.L. within seven natural days of receipt (via email).

7. Warranties:

In the sale of original works, Mod & Con Art S.L. will act as an intermediary between the authors of the works, or their rightful owners, and the clients who purchase them, and in this regard, informs that the Authors of the Works or their rightful owners guarantee the following:

• Authenticity.
• Originality.
• Non-infringement of third-party rights.
• The work is not national heritage.
• The work is not an unexportable or culturally significant item. For sales of reproductions, Mod & Con Art S.L. is responsible as the seller of the works and informs that it has the reproduction rights granted by the authors, their heirs, or legal representatives, and in the case of reproduction rights over photographs of paintings by great art masters, it has obtained the assignment of these rights from the companies that own these rights. The warranty period will begin on the same day of delivery, pursuant to Article 114 of Royal Legislative Decree 1/2007. Mod & Con Art S.L. will not be responsible for meeting claims from third parties who have not directly acquired the item through Mod & Con Art S.L. and/or who are not listed on the sales invoice.

8. Client Rights and Obligations:

• To know the status of the order at all times.
• To honor the purchase agreement once the order is accepted, with the appropriate payment of the agreed price, and to refrain from engaging in abusive or unlawful conduct in the contracting.
• To use the information published by Mod & Con Art S.L. exclusively and strictly within the intended personal commercial relationship.
• Not to reproduce, transfer, or dispose of the information published by Mod & Con Art S.L. in all its contents without express permission from Galeria Marc Domènech.

9. Mod & Con Art S.L. Rights and Obligations:

• To modify the price of the works.
• To reject orders due to non-payment by the client.
• To collect the purchase amount from the client once the transaction is accepted.
• To retain ownership and full property of the work until full payment is made by the client.
• To reserve the right to hold raffles for works or services on its Website.
• To use the information published by the client exclusively and strictly within the intended personal commercial relationship.