TERMS AND CONDITIONS OF USE AND SALE

Welcome to our online art gallery. These Terms and Conditions govern the access, use, and acquisition process of the artworks exhibited on this website. By browsing our platform or submitting an inquiry form, you agree to comply with the following provisions.

1. GENERAL INFORMATION AND OWNERSHIP
This website is operated from the Republic of Ecuador. Our platform acts as an exclusive space for the exhibition, promotion, and sales management of original artworks created by our collaborating artists.

2. INQUIRY PROCESS (ENQUIRE) AND AVAILABILITY
Prior Inquiry System: Due to the exclusive and unique nature of original artworks, this website does not use an automated shopping cart. The acquisition process is initiated solely through the inquiry button (Enquire). Submitting this form does not guarantee the reservation or purchase of the piece.
Confirmation and Payment Link: Upon receiving your request, the gallery will verify the physical availability of the artwork. If available, we will contact you to provide a formal confirmation and a private, temporary payment link.
Exclusivity Reservation: The artwork will be considered formally sold and will be removed from the exhibition catalog only when the payment through the private link has been successfully processed. Verbal reservations or duplicate payments will not be accepted under any circumstances.

3. AUTHENTICITY AND INTELLECTUAL PROPERTY
Certificate of Originality: Each physical artwork sold through this platform includes a unique Certificate of Authenticity, issued and signed by the artist or the gallery.
Copyrights: The purchase of an artwork grants the buyer physical ownership of the piece for personal display and enjoyment. The artist exclusively retains all intellectual property and reproduction rights of the image. The buyer is strictly prohibited from copying, reproducing, photographing for commercial purposes, digitalizing, or commercializing reproductions of the artwork for profit.
Screen Display: Photographs of the artworks are taken as accurately as possible. However, the client accepts that slight variations in color and brightness may occur depending on the screen calibration of their device.

4. PRICES AND CURRENCY
Official Currency: All prices and quotes for the artworks will be processed in United States Dollars (USD).
Net Values: The agreed price corresponds to the net value of the artwork. Any bank commissions generated by international transfers or currency conversion rates are the sole responsibility of the buyer.

5. INTERNATIONAL SHIPPING AND CUSTOMS
Conservation Packaging: We commit to packing every artwork under strict professional standards (in wooden crates or reinforced tubes) to ensure total protection during transit.
Export Procedures: When shipping original art from Ecuador, the process may require export permits from the country's cultural authorities. This legal procedure may add between 3 and 7 business days to the estimated delivery time.
Destination Taxes: For international shipments, the foreign buyer is solely responsible for covering import duties, local taxes (such as their destination country's VAT), or customs fees required to release the package. The gallery has no control over these fiscal costs.

6. SHIPPING INSURANCE AND RECEIPT
Fine Art Cargo Insurance: All our artworks travel backed by specialized transit insurance.
Inspection Obligation: Upon receiving the package, the client must visually inspect the box. If the packaging shows signs of impact, tears, or moisture, the client must take photographs immediately before opening it.
Damage Reporting: In the unlikely event that the artwork suffers damage during transit, the buyer must report it to the gallery with photographic evidence within a maximum period of 24 to 48 hours after receipt to activate the insurance.

7. RETURN POLICY AND RIGHT OF WITHDRAWAL
Legal Period: In accordance with the Organic Law on Consumer Defense of Ecuador and international e-commerce regulations, the client has a period of 15 days (national) or 14 days (international) from receipt of the artwork to withdraw from the purchase.
Condition of the Piece: To accept a return, the artwork must be returned to the gallery in the exact same pristine condition in which it was sent and in its original conservation packaging.
Return Costs: The shipping costs for the return, including specialized packaging and mandatory insurance for the total value of the piece, must be paid entirely by the buyer.'
Finished Artworks Catalog: All pieces available on this platform are unique, pre-completed artworks.
The gallery does not accept requests for custom artworks, size modifications, color changes, or commissioned pieces. All sales are made on the artwork's current state as displayed on the website.

8. GOVERNING LAW AND JURISDICTION
Any controversy, claim, or legal dispute related to the use of this website or the acquisition of the artworks shall be governed by and construed in accordance with the current laws of the Republic of Ecuador, with the parties submitting to the competent courts of this country.

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MOSQUERA ART