Terms and Conditions of Sale | Starck Gallery
1. Professional’s Identity
These Terms and Conditions of Sale govern sales made through the website starck-gallery.com with STARCK GALLERY SL, Carrer Martin i Soler, 5, Elche Parque Empresarial, 03203 Elche, Spain, email info@starck-gallery.com, phone +34 699 435 802, Tax ID No. ESB42668996, Commercial Registry Volume 4246 — Folio 106 — Section 8 — Page A-166946 — Entry 1.
2. Purpose
These Terms and Conditions set forth the rights and obligations of the parties in connection with the online sale of picture frames, artwork, decorative items, prints, framing services, vintage items, and other products offered on the website.
3. Scope
These Terms and Conditions apply to all orders placed on the website by consumer or business customers. The customer acknowledges having read these Terms and Conditions prior to confirming their order. Confirmation of the order constitutes full and unconditional acceptance of these Terms and Conditions.
4. Products
Each product is accompanied by a description detailing its key characteristics based on its nature: dimensions, materials, technique, condition, price, availability, and information regarding the artist, provenance, period, framing, or edition, as applicable.
The photographs, videos, and images are provided for illustrative purposes only. Slight differences in color, texture, proportions, gloss, framing, matting, or appearance may occur depending on the screen, lighting, or the nature of the item.
For antique, vintage, secondhand, handmade, or artistic items, signs of use, signs of aging, restorations, wear and tear, irregularities, or unique characteristics consistent with their nature may be present. These elements do not necessarily constitute a defect if they have been noted in the product description or are typically expected for this type of item.
5. Direct sales and sales as an intermediary
Some products are sold directly by STARCK GALLERY SL.
Other lots, identified as such in their product descriptions or in the contractual documentation, may be offered by STARCK GALLERY SL in its capacity as an intermediary, in the name and on behalf of the owner or consignor of the item.
When STARCK GALLERY SL acts as an intermediary, this is clearly indicated on the listing for the relevant lot or in the order confirmation.
6. Information regarding lots sold through an intermediary
Unless otherwise expressly stated, information regarding the artist, attribution, provenance, dating, chronology, technique, edition, dimensions, condition, or any other characteristic of lots sold on consignment is provided by the owner, the consignor, or third-party documents, certificates, and sources.
Unless expressly stated in writing, STARCK GALLERY SL does not routinely conduct independent appraisals and does not independently guarantee the authenticity, attribution, exhaustive provenance, or complete history of the lot.
Descriptions, listings, condition reports, and related information are provided in good faith. Given the artistic, antique, vintage, or secondhand nature of certain items, they may have undergone restoration, show signs of use, or exhibit minor variations or reasonable inaccuracies.
In the event of a proven material defect relating to an essential characteristic of the item, STARCK GALLERY SL may, as a primary remedy, accept the return of the item and refund the price actually paid by the customer, without prejudice to the mandatory rights that a consumer cannot waive.
7. Price
Prices are listed in euros and include tax.
Unless otherwise specified, shipping costs, special packaging fees, handling charges, shipping insurance, or fees for additional services are not included in the listed price and will be specified before the order is finalized.
STARCK GALLERY SL reserves the right to change its prices at any time. However, products are billed based on the price list in effect at the time the order is confirmed.
8. Order
The customer selects the desired products and adds them to their cart.
Before final confirmation, the customer can review the details of their order and the total price, correct any errors, change quantities, or remove items.
The order is not considered final until payment has been expressly confirmed and accepted by STARCK GALLERY SL.
STARCK GALLERY SL reserves the right to refuse or cancel an order in the event of product unavailability, an obvious error in the price or description, suspected fraud, a prior dispute with the customer, or the inability to fulfill the order under normal conditions.
9. Contract Filing and Language
The contract entered into electronically may be archived by STARCK GALLERY SL for the legally required period.
Languages of the contract: Spanish, French, and English.
10. Payment
Payment is made using the methods available on the website at the time of ordering. Currently, the website uses Shopify Payments.
The customer warrants that they have the necessary authorization to use the selected payment method. In the event of a declined authorization, a payment issue, or suspected fraud, STARCK GALLERY SL may suspend or cancel the order.
11. Delivery
Products are delivered to the address provided by the customer at the time of ordering, within the delivery areas listed on the website.
Depending on the destination, weight, volume, value, and fragility of the items, STARCK GALLERY SL may entrust delivery to any suitable carrier, including DHL, UPS, FedEx, MRW, Correos Express, or any equivalent carrier.
Preparation and shipping times are listed on the website or at the time of ordering. These times are provided for informational purposes only, unless otherwise expressly stated.
The customer must inspect the condition of the package and the product upon delivery and immediately report any visible damage, defects, or relevant concerns.
12. Transfer of Risk
When the customer is a consumer, the risk of loss or damage to the goods is transferred only when the customer, or a third party designated by the customer other than the carrier, takes physical possession of the goods.
13. Right of withdrawal
Unless otherwise provided by law, the consumer has 14 calendar days from the date of receipt of the goods to exercise their right of withdrawal, without having to provide a reason for their decision.
To exercise this right, the customer must notify STARCK GALLERY SL of their decision at Carrer Martin i Soler, 5, Elche Parque Empresarial, 03203 Elche, Spain, or by email at info@starck-gallery.com.
The customer may use the cancellation form provided at the end of this document.
14. Exceptions to the right of withdrawal
In particular, the right of withdrawal does not apply to goods made to the customer’s specifications, to goods that are clearly personalized, or in any other case of exclusion provided for by applicable law.
This exclusion applies, in particular, to custom frames, custom mountings, on-demand prints, special framing, or creations made according to the customer’s instructions.
15. Effects of withdrawal
In the event of a valid withdrawal, STARCK GALLERY SL will refund the amounts paid by the customer, including the standard shipping costs initially charged, without undue delay and no later than 14 calendar days following receipt of the notice of withdrawal.
STARCK GALLERY SL may delay the refund until the item has been returned or until proof of shipment has been received.
The refund will be issued via the same payment method used for the original transaction, unless otherwise expressly agreed.
Unless otherwise stated on the website, the customer is responsible for the direct costs of returning the item in the event of cancellation.
The customer must return the item without undue delay and no later than 14 calendar days after notifying us of their decision.
The customer is liable only for any depreciation of the item resulting from handling other than that necessary to determine the nature, characteristics, and proper functioning of the product.
16. Damaged products, incorrect delivery, or non-conformity
If a product is damaged, incomplete, incorrect, or non-compliant, the customer must contact STARCK GALLERY SL as soon as possible, providing all relevant information, including photographs, a detailed description, and the order number.
STARCK GALLERY SL will review the request and, depending on the circumstances and in accordance with applicable regulations, offer a repair, a replacement, a price reduction, a product return, or cancellation of the sale with a refund.
17. Legal Warranty of Conformity
Consumers are covered by the statutory warranty of conformity under the terms set forth in applicable regulations.
For used goods, when such a designation is expressly stated on the product listing, it is agreed, to the extent permitted by law, that the period of liability for lack of conformity may be limited to one year from the date of delivery.
This provision does not apply to goods sold as new.
18. Customer Service
For any questions, requests, or complaints, customers may contact STARCK GALLERY SL at Carrer Martin i Soler, 5, Elche Parque Empresarial, 03203 Elche, Spain; email info@starck-gallery.com; phone +34 699 435 802.
19. Personal Information
Personal data collected in connection with orders is processed in accordance with the website's Privacy Policy.
20. Commercial communications
Electronic marketing communications are sent in accordance with applicable regulations. Customers may withdraw their consent or unsubscribe at any time by clicking the link provided in the emails or by contacting STARCK GALLERY SL.
21. Partial invalidity
If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
22. Governing Law and Jurisdiction
These Terms and Conditions are governed by Spanish law.
If the customer is a consumer, this clause does not deprive the customer of the protection afforded by the mandatory provisions of the law of the country of his or her habitual residence, where such provisions are applicable.
If a dispute cannot be resolved amicably, it will be submitted to the competent courts in accordance with applicable consumer protection laws.
