1. Identity of the professional

These General Terms and Conditions of Sale govern sales concluded via the starck-gallery.com website with STARCK GALLERY SL, Carrer Martin i Soler, 5, Elche Parque Empresarial, 03203 Elche, Spain, email info@starck-gallery.com, telephone +34 699 435 802, NIF/CIF ESB42668996, Registro Mercantil Tomo 4246 - Folio 106 - Sección 8 - Hoja A-166946 - inscripción 1ª.

2. Subject

These GTC define the rights and obligations of the parties in the context of the online sale of photo frames, works of art, decorative products, prints, frames, vintage items and other products offered on the site.

3. Scope of application

These GCS apply to all orders placed on the site by a consumer or professional customer. The customer declares that he/she has read these GTC before validating his/her order. Validation of the order implies full acceptance of these GTC.

4. Products

Each product is the subject of a description sheet mentioning its essential characteristics according to its nature: dimensions, materials, technique, condition, price, availability, information relating to the author, provenance, period, framing or edition where applicable.

Photographs, videos and visuals are provided for information only. Slight differences in colour, texture, proportion, brightness, framing, matting or perception may exist depending on screens, lighting or the nature of the item.

In the case of antique, vintage, second-hand, hand-made or artistic goods, there may be traces of use, marks of time, restorations, wear and tear, irregularities or peculiarities compatible with their nature. These elements do not necessarily constitute a defect when they have been indicated in the product sheet or when they are normally expected for this type of good.

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 description or in the contractual documentation, may be offered by STARCK GALLERY SL as an intermediary in the name and on behalf of the owner or depositor of the item.

Where STARCK GALLERY SL acts as an intermediary, this shall be clearly indicated on the relevant lot sheet or in the order confirmation.

6. Information on intermediated lots

In the case of intermediated lots, unless expressly stated otherwise, information relating to the author, attribution, provenance, dating, chronology, technique, edition, dimensions, state of conservation or any other characteristics of the lot is obtained from the owner, depositor or third party documents, certificates and sources.

Unless expressly guaranteed in writing, STARCK GALLERY SL does not carry out systematic independent valuations and does not independently guarantee the authenticity, attribution, exhaustive provenance or complete history of the lot.

Descriptions, notices, condition reports and related information are provided in good faith. Given the artistic, antique, vintage or second-hand nature of some items, reasonable restorations, traces of use, minor differences or inaccuracies may exist.

In the event of a proven substantial inaccuracy relating to an essential characteristic of the lot, STARCK GALLERY SL may accept, as a principal, the return of the lot and the reimbursement of the price actually paid by the customer, without prejudice to the imperative rights which a consumer may not waive.

7. Prices

Prices are indicated in euros and include VAT.

Unless otherwise specified, delivery charges, special packaging, handling, transport insurance or additional services are not included in the price displayed and are specified before final validation of the order.

STARCK GALLERY SL reserves the right to modify its prices at any time. However, the products shall be invoiced on the basis of the price list in force at the time the order is validated.

8. Order

The customer selects the desired products and adds them to their basket.

Before final confirmation, the customer may check the details of their order and its total price, correct any errors, modify quantities or delete items.

The order shall only be definitively registered after express confirmation of payment and acceptance by STARCK GALLERY SL.

STARCK GALLERY SL reserves the right to refuse or cancel an order in case of unavailability of the product, obvious error in price or description, suspicion of fraud, previous dispute with the customer or impossibility to execute the order under normal conditions.

9. Archiving of the contract and language

The contract concluded electronically may be archived by STARCK GALLERY SL for the legally required period.

Languages of the contract: Spanish, French and English.

10. Payment

Payment shall be made by the means offered on the website at the time of ordering. To date, the site uses Shopify Payments.

The customer guarantees that he/she has the necessary authorisation to use the chosen method of payment. In case of refusal of authorisation, payment incident or suspicion of fraud, STARCK GALLERY SL may suspend or cancel the order.

11. Delivery

Products are delivered to the address indicated by the customer when ordering, in the delivery areas proposed on the website.

Depending on the destination, weight, volume, value and fragility of the items, STARCK GALLERY SL may entrust the delivery to any suitable carrier, including DHL, UPS, FedEx, MRW, Correos Express or any equivalent carrier.

Preparation and dispatch times are indicated on the website or when the order is placed. They are provided for information only, unless expressly agreed otherwise.

The customer must check the condition of the parcel and the product on delivery and immediately report any apparent damage, anomaly or useful reservation.

12. Transfer of risk

Where the customer is a consumer, the risk of loss or damage to the goods is only transferred 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 there is a legal exception, the consumer customer has a period of 14 calendar days from receipt of the goods to exercise their right of withdrawal, without having to give reasons for their decision.

To exercise this right, the customer must notify his decision to STARCK GALLERY SL, Carrer Martin i Soler, 5, Elche Parque Empresarial, 03203 Elche, Spain, email info@starck-gallery.com.

The customer may use the withdrawal form at the end of this document.

14. Exceptions to the right of withdrawal

The right of withdrawal does not apply in particular to goods made to the customer's specifications, to clearly personalised goods and in any other case of exclusion provided for by the applicable law.

This exclusion applies in particular to made-to-measure frames, personalised assemblies, prints made on request, special frames or creations made according to the customer's instructions.

15. Effects of withdrawal

In the event of a valid withdrawal, STARCK GALLERY SL shall reimburse the sums paid by the customer, including the initially invoiced standard delivery costs, without undue delay and at the latest within 14 calendar days of receipt of the decision to withdraw.

STARCK GALLERY SL may postpone the reimbursement until recovery of the goods or until receipt of proof of dispatch of the goods.

The refund will be made by the same means of payment used for the initial transaction, unless expressly agreed otherwise.

Unless otherwise indicated on the site, the direct costs of returning the goods remain the responsibility of the customer in the event of retraction.

The customer must return the goods without undue delay and no later than 14 calendar days following notification of their decision.

The customer is only responsible for the depreciation of the good resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the product.

16. Damaged products, delivery error or non-conformity

In the event of a damaged, incomplete, incorrect or non-conforming product, the customer must contact STARCK GALLERY SL as soon as possible, enclosing all relevant information, in particular photographs, precise description and order number.

STARCK GALLERY SL will examine the request and will propose, depending on the case and in accordance with the applicable regulations, a repair, a replacement, a price reduction, the return of the product or the cancellation of the sale with reimbursement.

17. Legal guarantee of conformity

The consumer customer benefits from the legal guarantee of conformity under the conditions set out in the applicable regulations.

For second-hand goods, where such qualification is expressly indicated on the product sheet, it is agreed, to the extent legally permissible, that the period of liability for lack of conformity may be limited to one year from delivery.

This clause does not apply to goods sold as new.

18. Customer service

For any questions, requests or complaints, the customer may contact STARCK GALLERY SL at Carrer Martin i Soler, 5, Elche Parque Empresarial, 03203 Elche, Spain, email info@starck-gallery.com, telephone +34 699 435 802.

19. Personal data

Personal data collected in connection with orders are processed in accordance with the site's Privacy Policy.

20. Commercial communications

Electronic commercial communications are sent in compliance with applicable regulations. The customer may at any time withdraw consent or unsubscribe via the link in the emails or by contacting STARCK GALLERY SL.

21. Partial nullity

If any provision of these GTC is declared invalid, illegal or unenforceable, the remaining provisions shall remain in force.

22. Applicable law and jurisdiction

These GCS are governed by Spanish law.

If the customer is a consumer, this clause does not deprive him/her of the protection afforded by the mandatory provisions of the law of his/her country of habitual residence where these are applicable.

In the absence of an amicable settlement, any dispute shall be submitted to the competent courts in accordance with the rules applicable to consumer matters.