Terms and Conditions

Return policy and refunds

If for any reason you are not satisfied with the painting(s) purchased on this website, please use the contact page to get in touch with me within 14 days to arrange return of the artwork and a refund. You will be refunded once I have received the returned artwork.

Credit/Debit card: Refunds will be made directly to your card once the returned painting is received.

Shipping

All purchases will be shipped within 3 to 5 working days of purchase, and tracking information will be provided.

Your order may be subject to additional duty and taxes upon receipt at your address, depending on your local country regulations.

Terms and Conditions of Contract

We welcome you and invite you to become familiar with the terms and conditions of contract so that you have all the necessary information regarding transactions you make on this website.

Ben Curtis is committed to transparency and clarity in commercial transactions carried out on this site, guaranteeing a space committed to the rights of users and customers. We therefore recommend that you read these conditions and terms that apply to the provision of services offered on bencurtisart.com in line with its main business of selling original artwork, before you contract any services and/or products which we make available on this website.

These terms and conditions of contract govern the relationship between Ben Curtis and customers of the bencurtisart.com site.

Ben Curtis reserves the right to modify or change these conditions at any time. If the amendments comprise a material change in terms, bencurtisart.com shall notify so by posting a notice on our website.

Services and/or products are available only to legal entities and individuals who are at least 18 years old.

Seller identification

Pursuant to the provisions of Art. 10 of Law 34/2002 on Information Society and Electronic Commerce (LSSICE) and art. 97.1 b) and c) of Royal Legislative Decree 1/2007 of 16 November, approving the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, we offer you the following information:

Registered name: Ben Curtis

E-mail: via our contact form

Registered address: General Alvarez de Castro, 41 1º izq. oficina 10

Corporate activity: Art and sculptor.

Purpose of the website: Sale of original art works.

Characteristics of products offered

Under Art. 97.1 a) of Royal Decree 1/2007 dated 16 November, approving the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, we hereby inform you that products posted in bencurtisart.com are original art works.

How to order

As a condition for any request, users must contact bencurtisart.com and provide corresponding information required for the purchase of products available on this website. Order information provided must be accurate, complete and current at all times. Failure to do so constitutes a violation of the terms, which may result in the termination of the contract with bencurtisart.com

From the time of acceptance, the user acquires the status of bencurtisart.com Client, so their data will become part of our “CUSTOMERS” file (see privacy policy).

We likewise inform you that this contract, pursuant to the provisions of art. 26 of the Law of Information Society Services and Electronic Commerce (LSSI), will be filed and available.

Orders must be placed by following the steps specified by bencurtisart.com, allowing you to choose the items and quantities you wish to purchase.

Order confirmation

Once the purchase process is complete, an order confirmation will be sent to the e-mail address on record. It will serve as proof of the transaction (contract confirmation), along with a copy of these general terms and applicable special terms, as well as the withdrawal form and other documentation. The order confirmation and receipt will not be valid as an invoice.

This is the moment to check that everything is correct. If you do not agree with the information provided in the confirmation you may request changes thereto or cancellation of the order.

The approval of the order by the client expressly implies awareness and acceptance of these special contract terms as part of the contract. Unless otherwise proven, the data recorded by bencurtisart.com constitute proof of all transactions between bencurtisart.com and its customers.

Pursuant to Article 26.1 c) of the LSSI, we hereby inform you that if you would like to amend or cancel your order, you must notify us within 24 hours from the order confirmation via e-mail. In any case, our return policy is 14 days.

Prices and payment

The customer undertakes to pay the goods and/or services contracted from bencurtisart.com in the payment forms accepted by bencurtisart.com and for any additional amount (including taxes and late fees, as applicable).

Prices for each product are specified on the website on the order date including VAT (value added tax), where appropriate, for transactions within the Spanish territory. However, pursuant to the provisions of Law 37/1992 of 28 December regulating such tax, the operation may be exempt or not subject to the same depending on the country of residence of the buyer and his/her status (business person/professional or individual). Consequently, in some cases the final price of the order may be different than what is posted on the website.

bencurtisart.com accepts these forms of payment:

Credit card (Visa, MasterCard, American Express), Apple Pay

All services will be provided once there is proof that 100% of due amount has been satisfied through the payment systems set up for this purpose.

Validity of prices and offers

The products offered on the website and their prices will be available for purchase while in the product catalogue displayed by the website. Users are requested to access the up-to-date website to prevent pricing errors from previous versions. In any case, in-process orders will maintain their conditions for 7 days from the time of execution.

Withdrawal

bencurtisart.com, in its commitment to comply with current legislation hereby informs you that as per Art. 103.1 c) of Royal Decree 1/2007 dated 16 November, approving the revised text of the General Law for the Protection of Consumers and Users, “the supply of sealed audio or video recordings or sealed software which were unsealed by the consumer and user after delivery” are NOT subject to the exercise the right of withdrawal. However, at bencurtisart.com you may request a refund for your purchase within 14 days.

To exercise this right of withdrawal, we provide you with the form you have to send us to exercise this right, pursuant to art. 106.

Model form for claim or withdrawal

The user/buyer may notify the claim or withdrawal by completing the form below and sending it either through e-mail via this online form or by post to the address specified on the form. Fastest response is by email.

CLAIM OR WITHDRAWAL FORM

Attn. bencurtisart.com

Address: General Álvarez de Castro, 41 1º izq. oficina 10

E-mail: via our contact form

I hereby inform you that I hereby withdraw or issue claim pursuant to the sales contract for the following product or service:

Contract date:

In case of claim, note the reason:

Specify your name as a consumer and user:

Specify your address as a consumer and user:

Specify the date on which you claim/withdraw the contract:

Sign your claim/withdrawal form.

In ……………………………………, on …………………………… …………………….. …….., 20…….

We will refund the amount in the next 14 calendar days from the date your return is approved.

European consumer legislation

We inform you that the European Commission has created the first European platform for conflict resolution for online trade protected by the latest consumer law. In this regard, as the persons responsible for an online sales platform, we have the duty to inform our users about the existence of an online platform for alternative dispute resolution.

To access the conflict resolution platform, the user must use the following link: https://ec.europa.eu/odr

After-sales Service

We have an after-sales service to solve any problems with our products or shipments, which ensures the fastest and most effective customer care.

To contact us or ask any questions, concerns or complaint you may write us an email.

Confidentiality

All information and documentation used during ordering, development and implementation of services governing relations between bencurtisart.com and the Client are confidential.

Any information received by the customer, whether images, e-mails, texts, access data such as user-names and passwords shall be treated confidentially. Disclosures to third parties is strictly prohibited.

Information disclosed by agreement between the Parties, information that becomes public for the same reason or information that must be disclosed in accordance with the law or a court decision from a competent authority and information which is obtained by a third party who is not under any confidentiality obligation shall not be regarded as confidential. Both parties undertake to fulfil the confidentiality obligation indefinitely.

Disclaimer

bencurtisart.com, reserves the right, at any time and without prior notice, to modify and update the information in the website, its layout and presentation, access conditions, terms and conditions of contract, etc. Therefore, the user should access up-to-date versions of the site.

The user is solely responsible for maintaining the confidentiality and security of the website and for all activities that occur on the website. The user undertakes to immediately notify bencurtisart.com of any violation to site security.

bencurtisart.com assumes no liability for any losses arising from the improper or unauthorised use of your website.

The user undertakes to hold bencurtisart.com harmless for any claims, losses, expenses, damages and costs (including direct, incidental, consequential, punitive, exemplary and indirect damages), and reasonable attorneys’ fees as a result of any breach by the user/buyer of these terms, whether or not considered material or immaterial; the misuse of the Services by yourself or anyone acting on your behalf or using your bencurtisart.com account, or for any material or immaterial violation of any third-party law, security or interests.

Our sole responsibility will be to supply the product in the terms and conditions set out in this contract policy.

bencurtisart.com shall not be liable for any consequence or damage that may result from misuse of the products supplied.

Jurisdiction and applicable law

bencurtisart.com and THE USER shall be governed, to settle any dispute that may arise with regard to access or use of this website, by Spanish law and they submit to the Courts of the consumer’s city of residence, as established in art. 90.2 of Royal Legislative Decree 1/2007 of 16 November approving the revised text of the General Law for the Defence of Consumers and Users.