Terms and Conditions of sale

Last update: January 2020

Introduction

These Terms apply to the sale of artworks through the Site. It is important that You read these Terms before ordering any sculpture or painting from the Site (hereinafter, the “Artworks”). The Terms and the Policies govern Your relationship with Us and Your Artworks’ purchase if any. 

Conclusion of the sales

In order to purchase from Us, You must be over 18. 

The Site pages will guide You through the steps necessary to place an order with us. Our order process allows You to check and amend any mistakes before submitting Your order to RDN Arts. Please take all the necessary time to check your order at each stage of the purchase proceeding. If You find any problems with Your order, please contact us at [email protected]. 

When You order Artworks from Us for delivery outside of the EU You may be subject to import duties and taxes that will be levied once the Artwork reaches its destination. Any additional charges for customs clearance must be borne by You. When ordering an Artwork from Us you will be considered the importer and You will be bound to comply with all local laws and regulations of the destination country.  

After You place an order through the Site, You will receive an e-mail from Us either (i) confirming your order, the dispatch of the Artwork to the address indicated in the Site form and the estimated timescale for delivery (“Confirmation E-mail”); or (ii) rejecting Your order (“Rejection E-mail”) due to the reasons specified in clause 3.7 below. 

It is Your responsibility to check the Confirmation E-mail or the Rejection E-mail for accuracy. You should let us know immediately if there are any errors. 

Price and payment

We will take payment from your credit or debit card at the time the Confirmation E-mail is dispatched to Your e-mail address. 

If RDN Arts is unable to supply You with the ordered Artwork, for example, because that Artwork is no longer available, we will send You a Rejection E-mail informing You that we will not proceed with your order. If we do not process Your order, we will refund any payment taken from you, if any, as soon as possible.

By accepting these Terms You hereby authorize Us to send You the invoice electronically at the e-mail address contained in Your Order. If You do not want to receive the invoice electronically, please send Us an e-mail at the following e-mail address [email protected] indicating that You wish to receive the invoice on paper. 

Prices and delivery costs may change at any time, but changes will not affect orders which have already been confirmed in a Confirmation E-mail. 

Unless otherwise indicated, the prices for the Artworks included on the Site include VAT (where applicable). Customs duties and taxes are not included.  

The price of the Artwork does not include delivery charges. RDN Arts delivery charges are as advised to You during the check-out process before You confirm Your order. 

Artworks from RDN Arts ordered for delivery outside the European Union may be subject to import duties and taxes, which are levied once the Artwork reaches the specified destination. You acknowledge that any additional charges for customs’ clearance must be borne by You. Customs policies vary considerably from country to country, so we recommend You to contact Your customs office for further information. 

All payments must be made at the time the Confirmation E-mail is dispatched to Your e-mail account. Payment of Artwork must be made by bank transfer, credit or debit card (We accept payment with Visa, MasterCard, and American Express cards) or Pay Pal. We will not dispatch any Artwork until we receive full payment. You acknowledge that We are not responsible for any additional fee or processing fee Your card issuer, bank or payment service provider may charge You.

Credit and debit cardholders may be subject to prior authorization by the issuer. If the credit or debit cardholder refuses payment, RDN Arts will not be liable for the non-delivery of the Artwork. 

During the purchase process, RDN will create a personal account on Your behalf. You are responsible for keeping this password confidential and shall not disclose it to anyone. If you have already registered at the Site, You will be able to use Your sign-in details to access Your personal account.  

Shipping methods and fees

Our intention is to deliver the ordered Artworks to You at the delivery address indicated in Your order by the time estimated in the Confirmation E-mail but we cannot provide You with an exact delivery date. 

If nobody is available at the address provided at Your order, RDN Arts’ carrier will leave You a note. Please follow the instructions provided in the note to contact RDN Arts’ carrier in order to rearrange the delivery. 

If the Artwork has not been delivered to You within thirty (30) calendar days from the conclusion of the contract between us, You will be entitled to cancel the order and we will refund any money paid by You. Notwithstanding the above, tailor-made Artwork (e.g. sculptures) are not subject to this obligation and You acknowledge and accept that sculptures may take up to three (3) months to be delivered and paintings purchased along with a tailor-made frame may take up to four (4) weeks to be delivered. 

The risk of loss of or damage to the Artwork will pass to You in the place where You or a third party indicated by You and other than the carrier has acquired the physical possession of the Artwork. However, the risk shall pass to You upon delivery to the carrier if the carrier was commissioned by You to carry the Artworks and that choice was not offered by RDN Arts, without prejudice to Your rights against the carrier.

All Artworks shown on the Site are original artworks from their respective authors. Along with the Artwork, You will receive a Certificate of Authenticity signed by the corresponding author or the authorized right-holders. 

Damages and defective artworks

If You are a consumer, RDN Arts is under a legal duty to supply Artworks that comply with the contract executed with You. You may find advice about Your legal rights from your local consumer office. 

Once the Artwork has been delivered to You, You should inspect it carefully for defects or damages. If the Artwork is defective or has been damaged, You must send us an e-mail at the following e-mail address [email protected] and we will arrange for its return at no cost to You. 

Once We acknowledge Your complaint, we will provide You with an identification number and the corresponding written evidence, so that You can track Your Complaint appropriately. 

If the Artwork is found to be defective or damaged before its delivery to You RDN Arts will refund any amount paid by You, including any delivery charges made provided You have not used and damaged the Artwork. Nothing in this clause shall affect Your rights as a consumer under national applicable law. 

Right of cancellation

If you are a citizen of the European Economic Area (European Union, Iceland, Norway, and Liechtenstein) You have the right to cancel the contract executed with Us within 14 calendar days without giving any reason, otherwise, You have no right of cancellation unless otherwise provided by Your national law. 

Please, consider that the right of cancellation does not apply to tailor-made goods such as sculptures or paintings made on Your behalf and/or frames ordered on Your behalf. Therefore, if You want to exercise Your right to cancel the purchase of a painting, You acknowledge and agree that You will not be able to cancel the purchase of the tailor-made frame of such painting, which should be fully paid by You. 

The cancellation period will expire 14 calendar days from the day on which You acquire, or a third party other than the carrier and indicated by You acquires, physical possession of the Artwork. For example, if You received the Artwork on January 1, 2019, You will have the right to cancel the contract at any time between January 1 and the end of the day on January 14, 2019. 

To exercise Your cancellation right You must inform RDN ARTS of Your decision to withdraw from the Contract. For this purpose, You must send us an e-mail at the following e-mail address [email protected] making an unequivocal statement setting out Your decision to cancel the contract.

If You chose to exercise Your cancellation right, then You will have to bear the cost of returning the Artwork to the address detailed on the delivery note which accompanies the Artwork without undue delay and in any event no later than 14 days from the day on which You notified RDN Arts of Your decision to cancel the contract. You must return the Artwork in the original packaging in which it was sent to You and in perfect condition. 

The approximate cost of returning the Artwork will amount to the amount charged to You by RDN Arts as shipping and handling expenses. Due to the nature and economic value of RDN Arts Artworks, we strongly recommend You to ensure that the Artwork is adequately insured during the return journey and until the Artwork is delivered to us and that you retain your proof of sending. 

RDN Arts shall reimburse to You all payments received from You, including the cost of delivery (with the exception of the supplementary cost resulting from Your choice of a type of delivery other than the least expensive type of standard delivery offered by Us) without undue delay and in any event no later than 14 days from the day on which RDN Arts is informed of Your decision to cancel the contract in accordance with this clause. Nevertheless, RDN Arts may withhold the reimbursement until it has received the returned Artwork in perfect condition.  

You will be liable for any diminished value of the Artwork resulting from the handling of the Artwork other than as necessary to establish the nature and characteristics of the Artwork. If You fail to comply with this obligation, RDN Arts may be entitled to deduct the cost of any deterioration, up to the price of the Artwork, from the refund to which You are otherwise entitled.

RDN Arts will carry out the reimbursement using the same means of payment You used for the initial transaction.

Partial nullity

If one or more provisions of these Terms are held to be invalid or declared as such under any law, regulation, or final decision of a competent court, other provisions shall remain in full force and scope.

Duration and validity

The Buyer is subject to these Terms of Use as soon as he/she registers on the Website and until its account is deleted, whether or not he/she carries out any transactions on the Website. RDN Arts reserves the right to modify these Terms of Use at any moment.

The modified Terms of Use will be displayed online on the Website. The Buyer will be informed of any modifications by the sending of an email by RDN Arts to the email address provided by the Buyer when registering for the Service.

The Terms of Use applicable are those in force at the time of use of the services of the Website by the Buyer.

Applicable law

These Terms of Use are subject to Spanish law. Any dispute concerning their interpretation and/or execution shall be relieved by the Spanish courts.