Terms and Conditions of Purchase

1. General Information

a) Ownership and Intellectual Property:

JOSÉ MIGUEL PALACIO offers, through this website, a service for the sale of his own artworks—divided into sculptures and Giclées (hereinafter, the “artworks”)—via his website, accessible at www.josemiguelpalacioshop.es (hereinafter, the “site,” the “web,” or the “website”). The descriptions of the artworks provided on the website are based on the information and documentation supplied by JOSÉ MIGUEL PALACIO. All images and detailed descriptions of the artworks belong to JOSÉ MIGUEL PALACIO.

b) Application

The website carries out its sales function through a bank transfer payment system. Therefore, only a visiting user who completes a bank transfer for the exact and full amount of the desired item will be considered a purchasing user. Prior to purchasing any of the artworks displayed on the website, the visiting user must accept the specific terms for each artwork, including, but not limited to, compliance with the terms and conditions of purchase and any other fees established at the time of purchase.

Any of the provisions contained in these Terms and Conditions of Purchase may be modified according to the specific terms of sale for each individual artwork. In the event of any discrepancy between the Terms and Conditions of Purchase and the specific terms for each artwork, the specific individual terms of sale for each artwork shall prevail over these general Terms and Conditions of Purchase. Therefore, the purchasing user must carefully read, in addition to these Terms and Conditions of Purchase, the individual specific terms of the artwork or artworks they wish to acquire. Both the Terms and Conditions of Purchase and the specific terms for each artwork shall be deemed accepted at the moment the purchasing user has successfully completed the bank transfer for the exact amount of the artwork or artworks they wish to acquire, and the recipient of said transfer has verified its completion.

c) Variation in Color, Shades, and/or Chromatic Range of the Artwork

Both the purchasing user and the visiting user understand and accept that JOSÉ MIGUEL PALACIO makes every necessary effort to faithfully display the colors of the exhibited artworks as accurately as possible through his Website. However, due to possible color variations caused by the use of different monitors or operating systems by the user (whether purchaser or visitor), the color or chromatic range of the artwork viewed on any device may vary somewhat from the artwork ultimately acquired. Therefore, JOSÉ MIGUEL PALACIO is in no case responsible for the exactness of the chromatic range of the original artworks compared to what the visiting or purchasing user has viewed or purchased through the website, and disclaims any responsibility in this regard.
With respect to Giclées, it is important to highlight that each piece is different and personalized, making it impossible for JOSÉ MIGUEL PALACIO to guarantee in any way or under any circumstance the exact reproduction of any of the artworks displayed on the Website, as the reproduction of his works is carried out artisanally with natural pigments and presents variations in all cases.

2. Prices

a) Possible Variations

The prices of the Artworks offered through the Website include VAT. Shipping costs for the artworks will be covered by JOSÉ MIGUEL PALACIO, except in situations where otherwise specified in the specific terms of the artwork. In such cases, the details and amounts to be paid will be specified before completing the payment process and must be accepted by the user at the time of placing the order.

d) JOSÉ MIGUEL PALACIO reserves the right to modify his prices at any time. The Artworks will be invoiced at the price in effect at the time the order is placed

3. Purchases Outside the Mainland Territory

a) Orders from Ceuta, Melilla and the Canary Islands

To make purchases from Ceuta, Melilla, or the Canary Islands, as indicated in the notice at the top of the “Store” page on the website, you must contact the JOSÉ MIGUEL PALACIO Studio directly via email at info@josemiguelpalacioshop.es or through the web form provided for this purpose. The team at JOSÉ MIGUEL PALACIO will inform and guide you, indicating the steps to follow to complete your purchase and providing personalized assistance throughout the process

b) Inernational Orders

To make purchases from any country other than Spain, as indicated in the notice at the top of the “Store” page on the website, you must contact the JOSÉ MIGUEL PALACIO Studio directly via email at info@josemiguelpalacioshop.es or through the web form provided for this purpose. The team at JOSÉ MIGUEL PALACIO will inform and guide you, indicating the steps to follow to complete your purchase and providing personalized assistance throughout the process.

4) Order Placement and Payment Method

The purchase of Artworks by the visiting user through the Website is carried out by following the procedure established on the website. The purchase process will be considered complete once the requested bank transfer has been received via email in an exact and full amount.

Placing an order through the website www.josemiguelpalacioshop.es does not, under any circumstances, constitute confirmation of ownership of any of the artworks displayed on this website. Placing an order is merely an expression of interest in purchasing one of the artworks shown on the website. The purchase of the artwork(s) will become effective only after José Miguel Palacio has received the exact and full amount of the price of the artwork(s). The user’s submission of payment confirmation or a bank transfer receipt will not be considered valid proof of completion of the bank transfer.

Upon receipt of the buyer’s payment transfer and within twenty-four (24) hours of receiving the payment, the JOSÉ MIGUEL PALACIO Team will send an email to the user’s email address confirming the completed purchase. The order for the Artworks, and therefore the contract, will be considered formalized and perfected at the moment JOSÉ MIGUEL PALACIO receives payment for the price.

Payment for the artworks is made via bank transfer and not through this website. Therefore, JOSÉ MIGUEL PALACIO states that he does not have access to nor store any sensitive data related to the payment method used by the purchasing User. Only the corresponding banking entity processing the payment has access to this data for the purpose of managing payments and collections.

For its part, JOSÉ MIGUEL PALACIO, in safeguarding the security of its users and the transactions they carry out, informs its users that it has implemented a program for detecting possible fraudulent operations. Therefore, JOSÉ MIGUEL PALACIO reserves the right to request additional information, confirmations, and/or documents from users—even after one or more purchases have been made through the Website—by telephone call or email sent to the number or account provided by the user, in order to confirm that the purchasing user has indeed made and authorized said purchase(s) and/or that the delivery or return has been carried out correctly, and thus to definitively authorize the respective transaction(s). This may include, but is not limited to, JOSÉ MIGUEL PALACIO making various identity verifications by phone, or requesting: (a) a written and signed confirmation and authorization from the user responsible for the respective purchase(s); and (b) a copy of the user’s valid official photo identification to confirm their identity. JOSÉ MIGUEL PALACIO undertakes to safeguard such information and documents with the highest security measures available, in accordance with the provisions of the applicable Personal Data Protection Law.

In the event that the User does not respond favorably or does not provide JOSÉ MIGUEL PALACIO with the requested documentation and information within 48 hours from the call or the sending of the email, the transaction(s) detailed in said communication and the respective order(s) may be automatically cancelled, without the need for further notice and without any liability for JOSÉ MIGUEL PALACIO, for the security of the User.

This procedure is established solely for the security of JOSÉ MIGUEL PALACIO’s purchasing users. Therefore, by accepting the Terms and Conditions of Purchase, the User agrees to submit to the aforementioned fraud detection procedure, without liability for JOSÉ MIGUEL PALACIO. Likewise, the User authorizes JOSÉ MIGUEL PALACIO to use the additional information and documents provided for this purpose in future transactions carried out by the same user.

5. Order Cancellation

Visiting users may cancel orders at any time prior to making the requested transfer after placing the order. Once full and exact payment for the artwork(s) has been made via bank transfer, the user declares acceptance of the Terms and Conditions of Purchase of this site and the specific terms of each acquired artwork.

JOSÉ MIGUEL PALACIO reserves the right to cancel orders in the cases and in accordance with the Terms and Conditions of Purchase specified in the section “Order Placement and Payment Method” of this document

In the event that, due to force majeure circumstances or an incident attributable to JOSÉ MIGUEL PALACIO, the Artwork is not available after the purchase has been made, JOSÉ MIGUEL PALACIO will inform the purchasing user by email of the total or, where applicable, partial cancellation of the order. In the case of total cancellation, the full amount of the order will be refunded, and in the case of partial cancellation, only the price of the unavailable Artworks or Services will be refunded.

6. Delivery of the Artwork

JOSÉ MIGUEL PALACIO undertakes to deliver the purchased Product to the address indicated by the Purchasing User. In order to optimize the delivery process, the address provided by the Purchasing User must be one where delivery can be made during regular business hours.

If, at the time of delivery of the purchased product to the indicated address, the Purchasing User is absent, the carrier will leave a notice indicating how to proceed to arrange a new delivery. If, after ten (10) calendar days from the date of the notice, the Purchasing User has not contacted the carrier or transport company to arrange a new delivery date, the Artworks will be returned to the warehouses of JOSÉ MIGUEL PALACIO and the Purchasing User will be responsible for the shipping and return costs, as well as any possible associated management fees.

JOSÉ MIGUEL PALACIO will not be responsible for errors or damages caused during delivery when the delivery address provided by the Purchasing User does not match the desired delivery location of the Purchasing User.

JOSÉ MIGUEL PALACIO may deliver a single order of Artworks in several shipments on different dates.

At the time of delivery, the Purchasing User must present their identification document to the carrier, sign the delivery note, and request a copy of it from the carrier.

7. Delivery Times

JOSÉ MIGUEL PALACIO will inform the Purchasing User, after receiving the order and before completing the purchase process, of the delivery time for the Artwork(s).

8. Return of Artworks / Withdrawal

JOSÉ MIGUEL PALACIO will not accept returns due to withdrawal from purchases of Artworks.

Because each artwork is made to the specific order of the purchasing user, the artwork is not created at the time of purchase but is made specifically for the user who has placed the order. The creation of each artwork involves specific production costs and, in addition, each piece is unique and comes with its own serial number. Therefore, it is considered a personalized and specific product to which the right of withdrawal does not apply.

During the purchase process, the purchasing user may cancel their order or simply choose not to make the payment transfer. Therefore, we consider the receipt of the transfer as definitive confirmation of the acquisition of the artwork(s), and the absence of such transfer as a withdrawal from the purchase.

The Purchasing User will not have the right to withdraw once the required bank transfer has been made as definitive confirmation of the order, since, according to the applicable regulations, including but not limited to, the following cases apply:

(I) Artworks made according to the Customer’s specifications or clearly personalized;
(II) Digital works, sound or video recordings, computer programs, works unsealed by the Customer, as well as computer files supplied electronically, which can be downloaded or reproduced immediately for permanent use;
(III) Reproductions;
(IV) Periodical publications and magazines.

9. Partial Nullity

In the event that any Clause of these Conditions is declared null and void, the remaining Clauses shall remain in force and shall be interpreted taking into account the will of the parties and the purpose of these Conditions. The failure by JOSÉ MIGUEL PALACIO to exercise any right arising from these Conditions shall not be interpreted as a waiver of such right, unless expressly and in writing by JOSÉ MIGUEL PALACIO or due to the expiration of the corresponding action in each case.

10. Applicable Jurisdiction

The relationship established between JOSÉ MIGUEL PALACIO and the User shall be governed by the provisions of the applicable regulations regarding governing law and competent jurisdiction. However, in cases where the regulations allow the parties to submit to a particular jurisdiction, JOSÉ MIGUEL PALACIO and the User, expressly waiving any other jurisdiction to which they may be entitled, submit to the Courts and Tribunals of the city of Madrid, Spain.