General Terms and Conditions
0. INFORMATION PRIOR TO CONTRACTING
The following General Terms and Conditions (hereinafter, the “General Terms and Conditions”) are provided for your review and understanding. They shall apply to all commercial transactions involving the remote sale of works of art and/or the provision of specific services carried out electronically through the online shop available on the website https://shop.claraduran.com (hereinafter, the “Website”), from the moment the BUSINESS OWNER sends the CONSUMER the General Terms and Conditions in the order confirmation document, and not at any earlier time.
These General Terms and Conditions shall remain in force and valid for as long as they are accessible through the Website. If you do not agree with them, you should not use this Website.
The BUSINESS OWNER reserves the right to amend, in whole or in part and at any time, both these General Terms and Conditions and any other legal notices, guidelines and/or rules of use contained on the Website, which may replace, supplement and/or modify these Terms and Conditions, without prejudice to any products and/or services purchased prior to such amendments.
Such amendments may be published on the Website, by any legally admissible means, and shall remain binding for as long as they are available online, until they are validly replaced by subsequent ones.
The BUSINESS OWNER informs the CONSUMER that they can access the General Terms and Conditions by clicking on the link “General Terms and Conditions”. We recommend that the CONSUMER consults these Terms regularly, as they may be updated. The current version of these Terms is always available at: https://shop.claraduran.com/terms-conditions
However, the BUSINESS OWNER reserves the right, where appropriate, to apply Specific Conditions in preference to these General Conditions, giving timely notice in such cases.
In the event of any conflict between the provisions of these General Terms and Conditions and the Specific Conditions, the latter shall prevail in respect of those products and/or services that are subject to them.
Acceptance of this contractual document implies that the CONSUMER:
a) Has read, understood and accepted its contents.
b) Is a natural person or represents a legal entity with sufficient legal capacity to enter into contracts.
c) Accepts all the conditions and obligations set out herein.
1. PARTIES INVOLVED AND IDENTITY OF THE PARTIES
On the one hand,
The BUSINESS OWNER is Clara Durán González, Tax Identification Number: 51115936T, with registered address at Calle Princesa 31, Planta 2, Puerta 2 – 28008 Madrid (Spain), phone +34 911 484 397, and email shop@claraduran.com.
And, on the other hand,
The CONSUMER, who may be registered on the Website with a username and password, or may act as a guest user without prior registration, in which case they remain fully responsible for the use and safekeeping of their access details, and for the accuracy of the personal data provided to the BUSINESS OWNER.
Only natural persons or legal entities who duly prove their status and accept these General Conditions, and any Specific Conditions that may apply, may enter into contracts with the BUSINESS OWNER. These Conditions, together with the Legal Notice, Privacy Policy and Cookies Policy, govern our commercial relationship from the moment the BUSINESS OWNER sends the CONSUMER the General Conditions in the order confirmation document, and not at any earlier time.
If you do not agree with any part of these Conditions, you will not be able to purchase any of the products and/or services offered on the Website.
In the case of individuals, the purchase of works of art and/or the contracting of specific services by minors under the age of 18 (except emancipated minors), or by legal entities that do not meet the requirements set out in these General Terms and Conditions, is strictly prohibited.
Orders placed on the Website by a minor who provides false information shall be deemed to have been made under the supervision and authorisation of their parents, guardians or legal representatives.
2. PURPOSE OF THE CONTRACT
These General Terms and Conditions govern the commercial relationship between the BUSINESS OWNER and the CONSUMER arising from orders for works of art and/or services placed through the online shop available on the Website.
The CONSUMER shall only be bound by these General Terms and Conditions once they have received from the BUSINESS OWNER confirmation of the order or service contract, which shall set out in detail all the conditions applicable to the transaction.
The contract implies the delivery to the CONSUMER, upon receipt of payment of the price indicated and publicly displayed on the Website, of a work of art and/or the provision of a specific service.
These General Terms and Conditions, together with any other document to which express reference is made, constitute the entire agreement between the CONSUMER and the BUSINESS OWNER in relation to the sale or service contract, and supersede any prior agreement, understanding or representation, whether oral or written, between the parties.
The CONSUMER and the BUSINESS OWNER acknowledge that they have entered into this contract without relying on any statement, representation or promise that is not expressly included in these Terms and Conditions.
3. CONDITIONS OF ACCESS AND USE OF THE WEBSITE
Access to the Website is free of charge, except for the cost of the connection through the telecommunications network supplied by the access provider contracted by the user.
Most of the content on the Website is completely free to access and does not require prior registration. However, the BUSINESS OWNER may make the use of certain services conditional on completing the relevant form, which may involve the payment of fees.
Access to the Website by persons under the age of 14 is prohibited, except in the case of emancipated minors. If a minor nevertheless accesses the Website, it shall be presumed that such access has been made with the prior and express authorisation of their parents, guardians or legal representatives, without prejudice to the BUSINESS OWNER reserving the right to carry out any verifications it deems appropriate.
Under no circumstances shall the BUSINESS OWNER be liable for the accuracy of the data provided by users. The user alone shall be responsible for ensuring that the information supplied to the BUSINESS OWNER is complete, accurate and up to date, and shall bear any consequences arising from poor quality, false or inaccurate data.
3.1. Requirements for obtaining registered user status
In order to purchase works of art online and/or contract specific services offered by the BUSINESS OWNER, the CONSUMER must first register by completing the relevant form(s) and providing at least the mandatory registration details requested.
To register as a user, it is essential to be at least eighteen (18) years old (except emancipated minors) and to provide all mandatory information requested through the Website. Both individuals and legal entities may register as users. User accounts are strictly personal and non-transferable.
All registered users will have an access password, which will be personal, non-transferable and valid for a limited period. This password must meet minimum length and security requirements. Users may modify or recover their password at any time by following the procedure set out on the Website. The BUSINESS OWNER will never have direct access to this password, except for the sole purpose of enabling access to the Website.
Users must immediately notify the BUSINESS OWNER of any circumstances that could allow unauthorised use of their credentials, such as theft, loss or unauthorised access, so that they can be cancelled immediately. Until such notification is made, the BUSINESS OWNER shall be exempt from any liability for misuse of identifiers or passwords by unauthorised third parties.
3.2. Deregistration as a registered user
Users may request deregistration at any time by sending an email to shop@claraduran.com.
The information associated with their account will be deleted, and only the personal data strictly necessary to meet possible legal obligations will be retained. Please note that once deregistered, the user will no longer be able to access their profile.
3.3. Requirements for obtaining guest user status
Purchases of works of art and/or contracting of specific services offered by the BUSINESS OWNER may also be made as a guest user, without prior registration.
Guest users must be natural persons over eighteen (18) years of age (or emancipated minors) or duly constituted legal entities with sufficient legal capacity to contract, provided they supply all mandatory information through the Website, including identification data, delivery address, billing details and chosen payment method.
If the CONSUMER has made previous purchases, after completing a new purchase and adding the chosen works of art and/or services to the shopping basket, they will be able to access the details entered during the earlier purchase.
4. DESCRIPTION OF THE PRODUCTS
In compliance with current regulations, and in particular Law 34/2002 of 11 July on Information Society Services and Electronic Commerce, the BUSINESS OWNER provides detailed information on the products offered in each section of the Website, including their essential characteristics and prices.
1. Originals
Unique photographs, hand-painted with watercolours and other pictorial techniques on Hahnemühle Fine Art paper. Signed and accompanied by a certificate of authenticity. Supplied with care and framing instructions. Shipped protected with Japanese conservation paper and in a reinforced cardboard box.
2. Limited Edition Prints
Limited edition (10) giclée prints on Hahnemühle Fine Art paper. Signed, numbered and accompanied by a certificate of authenticity. Supplied with care and framing instructions. Shipped protected with Japanese conservation paper and in a reinforced cardboard box.
3. Collections
Open edition giclée prints on Hahnemühle Fine Art paper. Signed and accompanied by a certificate of authenticity. Supplied with care and framing instructions. Shipped protected with Japanese conservation paper and in a reinforced cardboard box.
The works of art and/or services available on the Website, as well as any that may be added in the future, will be offered in exchange for the corresponding payment by the CONSUMER. This purchase grants the CONSUMER a right of use in accordance with these General Terms and Conditions and, where applicable, any Specific Conditions.
The BUSINESS OWNER reserves the right to withdraw, replace or amend the products and/or services offered through the Website by simply updating its content.
Consequently, the works of art and/or services available at any given time are subject to the General Terms and Conditions in force. The BUSINESS OWNER may, at any time and without prior notice, discontinue access to such products and/or services.
The specific descriptions of each product shall govern, where applicable, the BUSINESS OWNER’s supply of those products and/or services to the CONSUMER.
4.1. Product availability
The availability of works of art and/or services offered on the Website may vary according to demand. Although the BUSINESS OWNER regularly updates stock, the work of art and/or service requested by the CONSUMER may be unavailable at the time of purchase. In such cases, the BUSINESS OWNER will contact the CONSUMER by email or telephone to resolve the situation, offering an alternative product or service of similar nature, waiting until the requested item becomes available again, or cancelling the order.
4.2. Indication and validity of prices
The prices of works of art and/or services are always shown in euros (€) and include Value Added Tax (VAT) or any other applicable taxes in force at the time of purchase.
Unless expressly stated otherwise, prices do not include shipping, handling, packaging, insurance or any additional services related to the purchased product and/or service.
The shipping costs are borne by the CONSUMER and will be added to the total amount of the order. These costs will be communicated before the order is confirmed and the purchase finalised.
The prices shown on the Website apply exclusively to products and/or services offered through the Website and only while they remain published. They are automatically applied during the final stage of the purchasing process.
The BUSINESS OWNER expressly reserves the right to amend prices at any time without prior notice. However, the prices in force at the time the order is placed shall always apply.
4.3. Invoicing
In accordance with Royal Legislative Decree 1/2007 of 16 November, which approves the revised text of the General Law for the Protection of Consumers and Users, consumers are entitled to receive a paper invoice free of charge. The issuance of an electronic invoice requires the prior express consent of the CONSUMER.
Royal Decree 1619/2012 of 30 November, approving the Regulation on invoicing obligations, provides in Article 3 that in the case of sales not exceeding €400 (including VAT), or retail sales not exceeding €3,000 (including VAT), the BUSINESS OWNER may issue a simplified invoice and a copy thereof for transactions carried out through the Website where the purchaser is acting as a final consumer.
In such cases, the BUSINESS OWNER will not request the purchaser’s personal details during the purchase process. Where the purchaser is a business or professional who wishes to deduct tax, or a consumer requiring an invoice to exercise a tax-related right, the BUSINESS OWNER must record the purchaser’s tax identification number, address and the amount charged.
In line with our ecological policy, the CONSUMER expressly agrees to receive the simplified invoice in electronic format. However, if they wish to receive a paper invoice, they may request it free of charge by emailing shop@claraduran.com.
By ticking the box “I authorise and request the purchase invoice to be sent in electronic format” at the end of the purchasing process, the CONSUMER gives their express consent for the BUSINESS OWNER to issue and send the invoice for the order in electronic PDF format. If the CONSUMER does not give such consent and expressly requests a paper invoice, it will be sent by ordinary post to the address provided.
For this purpose, the CONSUMER must contact Customer Service at +34 911 484 397 or shop@claraduran.com.
The CONSUMER’s right to receive a paper invoice shall not be subject to any fee.
For any information about an order, or to update delivery and billing addresses or correct errors in the details provided, the CONSUMER should contact the BUSINESS OWNER at +34 911 484 397 or shop@claraduran.com. In all cases, the order number assigned in the purchase confirmation email must be included in the subject line of the email or mentioned during the call.
5. TAXATION IN SPAIN AND VAT
In accordance with Article 68 of Law 37/1992 of 28 December on Value Added Tax, the delivery of products shall be deemed to take place within the territory of application of Spanish VAT when the delivery address is located within mainland Spain or the Balearic Islands, except for the Canary Islands, Ceuta and Melilla, where their corresponding tax regimes apply. The applicable VAT rate shall be the rate legally in force at any given time, depending on the specific product concerned.
Likewise, and in accordance with COUNCIL DIRECTIVE (EU) 2017/2455 of 5 December 2017 amending Directive 2006/112/EC and Directive 2009/132/EC with regard to certain VAT obligations for the provision of services and distance sales of goods, purchase orders shall be deemed to take place, for the purposes of delivery and/or supply, in the Member State of the European Union in which the address indicated in the purchase order is located, and therefore the VAT applicable shall be that in force in said Member State.
For orders destined for the Canary Islands, Ceuta and Melilla, deliveries shall be exempt from VAT under Law 37/1992 and COUNCIL DIRECTIVE (EU) 2017/2455, without prejudice to the application of the corresponding local taxes and customs duties in accordance with the applicable regulations in each of these territories. The CONSUMER should note that in these territories taxes and customs duties may be levied upon arrival in accordance with local legislation, and that such charges may be payable by the CONSUMER.
For all other destinations not covered above, purchase orders shall be subject, for their delivery and/or supply, to the regulations in force at the relevant time. The CONSUMER should note that this may give rise to the imposition and payment of taxes and customs duties upon arrival in accordance with the laws in force in the destination country, and that such charges may be payable by the CONSUMER. For further information, the CONSUMER should contact the customs office at the destination.
All transactions carried out through this online shop shall comply with the regulations in force regarding Value Added Tax (VAT), according to the CONSUMER’s location.
6. INTERNATIONAL TAXATION (VAT AND ONE STOP SHOP)
6.1. Taxation within the European Union
In accordance with Directive (EU) 2017/2455, for distance sales to consumers located in other Member States, the VAT rate applicable shall be that of the destination country.
This online shop operates under the special One Stop Shop (OSS) scheme, which allows VAT corresponding to each European country to be declared from Spain, thereby facilitating transparency and simplifying tax procedures for intra-Community transactions.
6.2. Taxation in the United Kingdom (UK)
For consumers whose delivery address is in the United Kingdom, the shop shall comply with the requirements set by the UK tax authority (HMRC) in relation to UK VAT:
- If the sales volume exceeds the threshold established by the UK government, the shop must register for VAT in the UK and apply the corresponding rate.
- For orders under GBP 135, VAT may be included in the sale price and collected by the shop.
- For orders over GBP 135, the consumer shall be responsible for paying import VAT and customs duties upon receipt.
Invoicing and tax obligations in the UK shall be subject to current British legislation, and the shop may appoint a tax representative if required.
7. PURCHASE PROCESS
The online shop’s purchasing process may be carried out in Spanish or English.
The processing of the order, the conclusion of the contract and subsequent communications with the CONSUMER will be conducted in Spanish or English.
If any other language is available, this will be indicated before the purchase process begins.
To purchase works of art and/or contract specific services offered by the BUSINESS OWNER, the CONSUMER may either register on the Website by creating a user account or proceed as a guest user without prior registration. In either case, the CONSUMER must freely and voluntarily provide the personal data requested in the “Register” form.
The CONSUMER shall select a username and password, undertaking to use them diligently, not to share them with third parties, and to notify the BUSINESS OWNER immediately in the event of loss, theft or unauthorised access, so that they may be blocked. The CONSUMER shall be solely responsible for any damages arising from misuse of their credentials due to negligence in their safekeeping.
The CONSUMER is responsible for treating their username and password confidentially and may not transfer them to another person.
The CONSUMER may not choose as a username any words intended to mislead others by suggesting they are associated with the BUSINESS OWNER, nor any expressions that are offensive, unlawful or contrary to morality and good customs.
Once the contracting process is completed, the BUSINESS OWNER’s platform will confirm the transaction by email, providing details of the characteristics, price, means of delivery (in the case of products), date of contracting, and expected delivery period for the purchased product and/or service.
Once the CONSUMER’s account has been created, and in accordance with Article 27 of Law 34/2002 of 11 July on Information Society Services and Electronic Commerce, the contracting procedure shall follow these steps:
- The CONSUMER, whether a registered or guest user, selects the works of art and/or services they wish to purchase and adds them to the “Shopping Cart” by clicking the “Add to Cart” button.
- The CONSUMER checks that the selected works of art and/or services appear correctly in the “Shopping Cart”, which displays the number of items selected.
- The CONSUMER views a detailed summary of the contents of the “Shopping Cart”, including:
- Image of the artwork and/or service
- Description of the work of art and/or service
- Availability
- Unit price
- Quantity
- Subtotal (VAT included)
- Subtotal shipping costs (VAT included)
- Taxes
- Total
- The CONSUMER completes an electronic form with billing details and full delivery address. Once completed, click “Save”.
- If the delivery address differs from the billing address, the CONSUMER may add a new address by clicking “Add New Address”.
- If the delivery address matches the billing address, it will be selected by default when placing the order. The CONSUMER must ensure details are updated if they change.
- Before proceeding, the CONSUMER must carefully read these General Terms and Conditions and the basic data protection information, accepting them in full by ticking the following checkbox:
□ I accept the processing of my personal data and the Terms and Conditions.
- The CONSUMER selects one of the payment methods provided by the BUSINESS OWNER on the Website.
- The order will be processed once the CONSUMER clicks the “Pay now” button at the bottom of the page.
- Once the purchase is completed, the CONSUMER will receive a confirmation email (“Proof of Purchase”) at the email address provided. This serves as proof of the transaction and can be printed. The order confirmation and proof of purchase are not valid as an invoice.
Communications, purchase orders and payments relating to transactions carried out through the Website may be stored in the BUSINESS OWNER’s electronic records as evidence of the transactions. Such records will be kept under appropriate security conditions and in compliance with applicable laws, in particular REGULATION (EU) 2016/679 of the EUROPEAN PARLIAMENT and of the COUNCIL of 27 April 2016 (General Data Protection Regulation – GDPR) and Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights (LOPDGDD 3/2018), as well as the Website’s Privacy Policy.
8. TECHNICAL MEANS FOR CORRECTING ERRORS
The CONSUMER is informed that if they have entered incorrect data when placing an order on the Website, they may amend it by contacting the BUSINESS OWNER, either by sending an email to shop@claraduran.com or by calling Customer Service on +34 911 484 397.
9. PAYMENT METHODS
To proceed with payment, the CONSUMER must follow all the instructions provided on the Website. Payment for products may only be made using the methods indicated on the Website at the time of purchase.
For payments made by credit or debit card, the transaction will be subject to verification and authorisation by the issuing entity. If authorisation is denied, the purchase process cannot continue, the order will be automatically cancelled, and the sale will be deemed not to have taken place. The total price of the order, including applicable taxes, will be displayed at the time of placing the order.
To enhance the security of online purchases, the BUSINESS OWNER has implemented processes to protect transactions, working with a payment service provider and a banking intermediary that ensure confidentiality and security. Authentication is required for each purchase in accordance with payment security regulations (PSD2).
All payment orders are identified by a code generated by the payment provider, without which no transaction will be authorised by the corresponding bank. This code enables the BUSINESS OWNER to process charges without storing card details.
Under no circumstances will the BUSINESS OWNER store payment card details on its own systems. Such data will only be retained during the purchase process, while the payment is being processed, and until the withdrawal period has expired.
The following payment methods are available on the Website:
- Credit and debit cards: The Website uses the RedSys e-commerce payment gateway provided by BBVA bank. All data entered is encrypted to ensure maximum security and stored on a secure server certified under the “Secure Socket Layer” protocol. Both personal and banking data are protected with the security measures required by REGULATION (EU) 2016/679 (General Data Protection Regulation – GDPR), and are treated with complete confidentiality. The BUSINESS OWNER will never store data entered by CUSTOMERS through the payment gateway; such data is only retained while the reservation is being made, the payment is processed, and until the withdrawal period has expired.
- Google Pay and Apple Pay: The Website allows payments to be made via Google Pay and Apple Pay through the secure RedSys payment gateway of BBVA Bank. These methods enable fast and secure payments using the CLIENTS’ linked cards, without the BUSINESS OWNER having access to the full credit and/or debit card details. Payments are authenticated using Face ID, Touch ID or the device security code and rely on NFC technology and tokenisation systems, which replace the actual card number with unique codes, ensuring a high level of security and privacy in accordance with the GDPR.
The CONSUMER’s purchase may be delayed for anti-fraud checks. It may also be suspended for a longer period for further investigation to prevent fraudulent transactions.
10. TAXES, INTERNATIONAL SHIPPING AND ANTI-MONEY LAUNDERING
In accordance with Law 37/1992 of 28 December on Value Added Tax (VAT), the delivery of works of art or the provision of services shall be subject to Spanish VAT if the delivery address is in national territory, excluding the Canary Islands, Ceuta and Melilla, where local tax rules apply.
The applicable VAT rate will be the one legally in force at the time of purchase, depending on the product or service acquired.
Under Directive (EU) 2017/2455, when the order is destined for a European Union country other than Spain, the VAT rate of the country of destination shall apply.
For orders destined for the Canary Islands, Ceuta or Melilla, deliveries are exempt from VAT under current regulations. However, the CONSUMER should be aware that local taxes and customs duties may apply at the destination, which will be their responsibility. We recommend checking with the relevant customs office before placing an order.
For orders shipped outside the European Union or to other special territories, taxes and customs duties may also apply at the destination under the receiving country’s tax regulations. The CONSUMER will be responsible for paying these charges.
In compliance with Law 10/2010 of 28 April on the prevention of money laundering and terrorist financing, certain transactions, particularly those involving the sale of works of art, may be subject to additional checks.
Accordingly, we may request identification documents from the CONSUMER, information on the origin of funds or details of the purpose of the transaction, particularly where the transaction exceeds certain amounts or presents characteristics established by current regulations.
All such information will be treated confidentially, in compliance with data protection rules, and will be used exclusively for the purposes of preventing money laundering, as required by Spanish and European legislation.
11. ORDER PROCESSING
Once payment for the works of art and/or services has been verified for the total amount indicated during the purchase process, the BUSINESS OWNER will begin processing the order.
If payment is not received within five (5) days, the order will be cancelled and the CONSUMER must place a new order at the price in force at that time.
Upon delivery of the goods, the CONSUMER must sign the delivery note, confirming acceptance of the delivery so that the transport company can confirm correct delivery to the BUSINESS OWNER.
The BUSINESS OWNER will deliver the works of art and provide the services exactly as described on the Website. Please note that colour tones may vary depending on the device screen, and may differ slightly from the physical artwork. The paper may also display minor ripples or warping due to the natural characteristics of the paint.
The CONSUMER agrees that the invoice for the order may be sent electronically to the email address provided. The CONSUMER may revoke this consent at any time by emailing shop@claraduran.com to request a paper invoice.
Goods are transported insured against all risks through the MBE SafeValue service, but this insurance is only included for items in the “Originals” category.
For “Limited Edition Prints” and “Collections”, insurance is not included.
In the event of any issue detected upon delivery, the CONSUMER must contact Customer Service and provide details of the incident.
It is also recommended that the CONSUMER print and/or save a copy of the Terms and Conditions of Sale on a durable medium when placing their order, as well as the proof of receipt sent by the BUSINESS OWNER by email.
12. PRODUCT SHIPPING CONDITIONS
Products purchased through the Website will be shipped, properly protected in a reinforced cardboard box, to the postal address indicated on the order form. Shipments are carried out by the transport company Mail Boxes Etc. (MBE Worldwide), contracted by the BUSINESS OWNER. Deliveries cannot be made to PO boxes or public places such as streets, squares, stations, airports or similar locations.
The delivery period will depend on the destination and will begin once the BUSINESS OWNER has received payment for the order.
The BUSINESS OWNER is responsible for fulfilling the contract and, once the purchase has been made, will comply with the delivery deadlines established, except in cases of force majeure that prevent timely delivery. The BUSINESS OWNER must adequately prove that any delay is due to such circumstances.
If the purchased goods are unavailable, the CONSUMER will be notified by email and the BUSINESS OWNER will, without undue delay, refund all sums paid under the contract.
If the requested product is unavailable for reasons beyond the BUSINESS OWNER’s control, the CONSUMER will be offered a replacement product of equivalent price and quality, without prejudice to their right to cancel the order and request a refund.
If delivery is delayed due to reasons attributable to the BUSINESS OWNER and the agreed deadlines are exceeded, the CONSUMER may terminate the contract and will only be entitled to a refund of the full amount paid for the undelivered goods.
The BUSINESS OWNER shall refund such amount and, where applicable, request the return of the goods if they have already been delivered before the CONSUMER exercised their right to terminate the contract.
The BUSINESS OWNER shall not be liable for loss of profit or indirect damages, and its maximum liability shall be limited to the value of the goods.
12.1. Delivery times for orders
Orders placed through the Website may be delivered to addresses within mainland Spain, the Balearic Islands, the Canary Islands, Ceuta and Melilla, and to member countries of the European Union.
In accordance with Regulation (EU) 2018/302 of the European Parliament and of the Council of 28 February 2018 on geo-blocking, CONSUMERS residing in EU countries are entitled to access online shops without discrimination based on nationality or place of residence.
Once payment is confirmed, if the products are in stock, orders will be dispatched from the BUSINESS OWNER’s warehouse to the delivery address indicated by the CONSUMER.
Estimated delivery times are as follows (from confirmation of payment, and for orders placed before 12:00 p.m. Monday–Friday, Spanish mainland time):
Delivery area | Delivery time |
Mainland Spain | 3–5 working days |
Balearic Islands | 5–7 working days |
Canary Islands, Ceuta and Melilla | 5–7 working days |
European Union and United Kingdom | 7–10 working days |
For products temporarily out of stock or custom-made, the CONSUMER may contact the BUSINESS OWNER by email or telephone to enquire about availability and delivery time.
In case of delays preventing delivery within the estimated timeframe, the BUSINESS OWNER will contact the CONSUMER by email or telephone, offering a similar alternative, waiting until the selected product is available, or cancelling the order.
As a general rule, and except for personalised products or unforeseen circumstances, orders will be delivered within a maximum of 30 working days from the order confirmation date.
12.2. Shipping costs
Shipping costs, including applicable taxes, will be shown during the purchasing process before the order is finalised. Approximate rates are:
Delivery area | Shipping costs* |
Mainland Spain | 7,30 € – 9,40 € |
Balearic Islands | 16,80 € – 17,70 € |
Canary Islands, Ceuta and Melilla | 22,90 € – 26,60 € |
European Union and United Kingdom | 10,70 € – 58,70 € |
*Costs depend on the delivery area and the specific item selected, as each piece has a different weight. The exact shipping cost will be calculated automatically before order confirmation.
The prices shown correspond to orders for a single product (e.g. one original artwork, one collection, or three individual prints). If more items are purchased, shipping costs will be higher, as they are adjusted to the total weight of the order.
12.3. Impossibility of delivery
If delivery is impossible, the courier will attempt to find a safe place to leave the order. If this is not possible, the order will be returned to the BUSINESS OWNER’s warehouse. In both cases, a notice will be left with instructions to reschedule delivery.
If the CONSUMER expects not to be present at the delivery address, they should notify the BUSINESS OWNER in advance to arrange a new delivery date.
If, after 15 calendar days, delivery has not been possible for reasons not attributable to the BUSINESS OWNER, the contract will be considered terminated and payments received (including standard delivery costs) will be refunded within 14 calendar days.
However, additional costs for delivery methods other than the standard option chosen by the CONSUMER, as well as direct return costs, will not be refunded and will be borne by the CONSUMER.
If termination of the contract is due to reasons attributable to the BUSINESS OWNER (e.g. delivery errors or non-performance), both delivery and return costs will be borne by the BUSINESS OWNER.
If delivery cannot be completed for reasons beyond the BUSINESS OWNER’s control, the CONSUMER will be notified as soon as possible and offered the choice of:
- rescheduling delivery, or
- cancelling the order with a full refund.
Delivery will be deemed complete when the CONSUMER, or a third party authorised by them, takes physical possession of the products, as evidenced by signing the delivery note.
The BUSINESS OWNER will not be liable for failed deliveries resulting from:
- incorrect, incomplete or false information provided by the CONSUMER,
- the recipient’s absence, or
- causes beyond the control of the BUSINESS OWNER and the courier (e.g. loss, logistical incidents, force majeure).
Nevertheless, the BUSINESS OWNER shall take all reasonable and diligent measures to ensure that delivery is carried out within the agreed timeframe or, failing that, as soon as reasonably possible.
Delivery times are subject to product availability. Should any item be unavailable at the time of placing the order, or become subject to delay, we will notify you by email at the earliest opportunity. If the lack of availability prevents delivery, you will be informed of the situation and may choose to:
- cancel the order and receive a full refund,
- await the restocking of the product, or
- request an alternative of similar characteristics.
For any issue related to delivery, you may contact us by telephone at (+34) 911 484 397 or by email at shop@claraduran.com.
12.4. Discount codes: terms and conditions
The BUSINESS OWNER may issue single-use discount codes as a commercial incentive. Each code may be subject to specific conditions (e.g. product restrictions, benefits, validity period), which will be communicated when issued.
Promotional codes are not cumulative, are non-transferable and may not be sold, resold, exchanged or redeemed for cash. Unless expressly stated otherwise, only one promotional code may be used per CONSUMER and per transaction, and only for purchases made through the Website.
If the BUSINESS OWNER reasonably suspects that a promotional code has been used improperly or fraudulently (e.g. creating multiple accounts to obtain duplicate benefits), it reserves the right to:
a) cancel or amend any related order;
b) disable the CONSUMER’s access to future codes; and
c) take any legal action deemed appropriate.
The CONSUMER is solely responsible for checking that any discount or benefit is correctly applied during the purchase process and within the validity period. Errors must be reported before completing the purchase. The BUSINESS OWNER accepts no liability for omissions on the part of the CONSUMER.
The BUSINESS OWNER reserves the right to amend, suspend or cancel promotional codes or their conditions at any time for justified reasons, after giving notice via usual channels.
The use of promotional codes shall be governed by and interpreted in accordance with the law of the country where the BUSINESS OWNER has its registered office. Any dispute shall be submitted to the competent courts of that jurisdiction.
Use of a promotional code by the CONSUMER implies full acceptance of these terms and conditions, as well as the Website’s General Terms and Conditions.
13. CANCELLATION OF ORDERS
13.1. Information on exercising the legal right of withdrawal
Where the buyer is a CONSUMER and the contract has been concluded at a distance (i.e. without the simultaneous physical presence of the CONSUMER and the BUSINESS OWNER), the CONSUMER has the right of withdrawal under the terms set out below.
The CONSUMER may withdraw from a purchase made through the Website, without giving reasons and without penalty, provided that the nature of the product allows it. This right may be exercised within fourteen (14) calendar days, in accordance with Articles 102 et seq. of Royal Legislative Decree 1/2007.
The period shall begin on the day the CONSUMER —or a third party designated by them, other than the carrier— receives the product, or, in the case of partial deliveries, upon receipt of the last item in the order.
To exercise this right, the CONSUMER must notify the BUSINESS OWNER of their decision by means of an unequivocal statement, using any method permitted by law. They may use the model form provided below, although its use is not mandatory.
13.2. Model withdrawal form
- BUSINESS OWNER details:
Clara Durán González
Tax ID No.: 51115936T
Address: Calle Princesa 31, Planta 2, Puerta 2 – 28008 Madrid (Spain)
Tel. +34 911 484 397 | Email: shop@claraduran.com - I hereby inform you that I am withdrawing from the contract of sale for the following product ___ purchased on ___
- Consumer’s name
- Consumer’s address
- Telephone
- Signature
- Date
The CONSUMER must send the withdrawal notice either to the BUSINESS OWNER’s postal address (Calle Princesa 31, 2nd floor, door 2 – 28008 Madrid, Spain) or by email to shop@claraduran.com. Upon receipt, the BUSINESS OWNER will confirm the withdrawal by email without delay.
13.3. Consequences of exercising the right of withdrawal
In the event of withdrawal, the BUSINESS OWNER shall reimburse the CONSUMER the full amount of the purchase, including the initial shipping costs, without undue delay and in any case within fourteen (14) calendar days of receiving the withdrawal notice.
The refund will be made using the same payment method used by the CONSUMER, unless expressly agreed otherwise, and at no additional cost to the CONSUMER.
The BUSINESS OWNER may withhold the refund until the goods have been received or until the CONSUMER provides reliable proof of return, whichever is earlier.
Products do not have to be returned in their original packaging, but they must be suitably protected to prevent damage during transport.
The CONSUMER may handle the products only to the extent necessary to establish their nature, characteristics and proper functioning, as they would in a physical shop. For works of art, please note that fingerprints can cause significant deterioration. The use of cotton gloves is strongly recommended, particularly if a return is anticipated.
Products must be returned in suitable condition, and the CONSUMER will be liable for any depreciation in value resulting from handling beyond what is necessary.
This liability shall not apply if the BUSINESS OWNER failed to inform the CONSUMER of their right of withdrawal, as required by Article 97.1.j) of Royal Legislative Decree 1/2007.
The costs of returning goods from the CONSUMER’s home to the BUSINESS OWNER’s warehouse shall be borne by the CONSUMER.
To meet the withdrawal deadline, it is sufficient to send the withdrawal notice before the end of the 14-day period.
13.4. Exceptions to the legal right of withdrawal
In accordance with Royal Legislative Decree 1/2007, of 16 November, the right of withdrawal does not apply in cases where, due to the nature of the goods or services, it is impossible to exercise this right or it is expressly excluded by law.
In particular, and without limitation, the following are excluded from the right of withdrawal:
- Goods made to the CONSUMER’s specifications or clearly personalised, including commissioned original artworks or reproductions adapted to a specific size, medium or style.
- Goods that, once delivered, have been installed, assembled or integrated into other structures, and which cannot be dismantled without substantial deterioration, loss of functionality or impossibility of resale.
- Services that have been fully performed, where performance began with the CONSUMER’s prior express consent and acknowledgement that the right of withdrawal would be lost once the contract had been fully performed.
- Personalised or specific services such as artistic advice, curation, custom printing, creation of visual or digital content on demand, exclusive graphic design, or specialised technical assistance in art or decoration.
- Digital content supplied on a non-physical medium (e.g. images, multimedia files, digital certificates or NFTs), where performance began with the CONSUMER’s prior express consent and acknowledgement that the right of withdrawal would be lost.
14. WARRANTIES APPLICABLE TO PRODUCTS
In accordance with Royal Legislative Decree 1/2007 of 16 November, which approves the revised text of the General Law for the Protection of Consumers and Users and other complementary laws, the CONSUMER has the following rights regarding goods purchased and services contracted through the BUSINESS OWNER’s Website.
14.1. Legal guarantee of conformity
Scope and duration
The legal guarantee applies to all movable goods purchased, including original artworks and reproductions, and is valid for three (3) years from the date of delivery, as stated on the purchase receipt, invoice or delivery note. For second-hand goods, this period may be reduced to one (1) year, provided the CONSUMER is clearly informed before purchase.
Presumption of lack of conformity
During the first two (2) years after delivery, any lack of conformity shall be presumed to have existed at the time of delivery, unless proven otherwise. In the third year, the CONSUMER must prove that the defect was present at the time of delivery.
Consumer rights and remedies
In the event of non-conformity, the CONSUMER may, free of charge, request that the BUSINESS OWNER:
- repair the goods,
- replace them,
- offer a proportionate price reduction, or
- terminate the contract with a full refund, unless one of these remedies is impossible or disproportionate.
Costs covered
All remedial actions shall be provided at no cost to the CONSUMER, including:
- return transport,
- labour and materials,
- appropriate return packaging.
Consumer obligations
The CONSUMER must return the goods in reasonable condition, suitably packaged to prevent damage in transit, and accompanied by proof of purchase. If damage is caused by inadequate packaging, the guarantee may be limited.
14.2. Conformity of products
Goods will be considered compliant when they meet all of the following requirements:
1. They correspond to the description provided by the BUSINESS OWNER and have the qualities shown on the Website or in samples.
2. They are suitable for the usual purposes of goods of the same type, including decorative or display purposes.
3. They have the quality, functionality, compatibility and other features reasonably expected by the CONSUMER.
4. Where applicable, they meet the specifications individually agreed between the BUSINESS OWNER and the CONSUMER.
14.3. Exclusions and limitations
The following are excluded from the legal guarantee:
- Damage resulting from negligent or improper use, inconsistent with the nature of the goods or the instructions provided.
- Unauthorised tampering, interventions or repairs.
- Damage caused by external factors such as humidity, direct sunlight, extreme environmental conditions, fire, vandalism or improper transport.
- Natural alterations over time, such as fading, patina, craquelure or age-related deterioration.
- Personalised or custom-made goods, where non-conformity arises from the CONSUMER’s instructions or materials.
Limitation of liability
The BUSINESS OWNER shall not be liable for personal injury or property damage arising from misuse, nor for financial loss, business interruption or loss of profit, except where otherwise provided by mandatory consumer law.
14.4. Procedure for exercising the guarantee
To make a claim for lack of conformity, the CONSUMER must contact the BUSINESS OWNER’s Customer Service Department, providing:
- contact details and order number,
- a detailed description of the defect or incident,
- where possible, visual evidence (photos or videos) to help verify the issue and expedite the process.
Contact details:
- Telephone: +34 911 484 397
- Email: shop@claraduran.com
The BUSINESS OWNER will acknowledge receipt of the claim within a maximum of three (3) working days. Once non-conformity is verified, the appropriate remedy (repair, replacement, price reduction or termination) will be implemented within fifteen (15) calendar days, at no cost to the CONSUMER.
15. RETURN OF DEFECTIVE, INCORRECT OR DAMAGED PRODUCTS
The CONSUMER has the right to request repair, replacement, price reduction, or termination of the contract when the delivered products present manufacturing defects, have been damaged during transport, or do not correspond to the order placed, in accordance with the legal guarantee of conformity established under Royal Legislative Decree 1/2007 (TRLGDCU), as amended by Royal Decree-Law 7/2021 of 27 April, which, from 1 January 2022, provides a minimum guarantee period of three (3) years for new goods.
The consumer is advised to report any incident within 24 to 48 hours of receiving the order by sending an email to shop@claraduran.com, indicating the order number and a description of the issue. This time frame is intended to facilitate and expedite the management of returns or replacements, but it does not limit the consumer’s statutory rights.
The CONSUMER is not required to check the condition of the product at the time of delivery or to record any possible damage with the carrier in order to exercise the right of return.
When exercising the right of return, it will not be mandatory to provide photographs or videos. However, including them may help to speed up the refund process and the organisation of collection.
To return a product, the CONSUMER may use the courier service of their choice and must send the item, with delivery charges prepaid, to the address provided.
Return shipping costs shall be borne by the CONSUMER, except in cases where the product is defective, incorrect, or has been damaged during shipment, in which case the costs shall be borne by the BUSINESS OWNER.
The goods must be properly protected with suitable packaging—preferably the original or one of equivalent characteristics—to ensure their preservation during transport.
Please remember that, when returning a product, the package must include everything received with the order: accessories, manuals, internal packaging, a copy of the invoice or proof of purchase, the certificate of authenticity, and, where applicable, any recommendations for archiving or framing.
Use of the original packaging is not an essential requirement for exercising the right of return, provided the product arrives adequately protected and in good condition for inspection.
Once the product is received, the BUSINESS OWNER will inspect it to verify its condition and determine whether repair or refund is appropriate. This process may take between five (5) and seven (7) working days from receipt of the goods.
Once the inspection has been completed, the BUSINESS OWNER shall, at no cost to the CONSUMER, adopt one of the following solutions in accordance with the legal guarantee of conformity:
- Repair of the defective item.
- Replacement with an identical or equivalent product.
- Reduction of the price proportional to the defect.
- Full refund of the amount paid, including all initial delivery costs, if termination of the contract is appropriate.
The refund shall be made using the same means of payment employed by the CONSUMER, unless another method is expressly agreed that does not entail any additional cost for the consumer. Under no circumstances shall any charge be imposed on the CONSUMER as a result of the refund.
The refund period shall, in any event, be fourteen (14) calendar days from the date on which the BUSINESS OWNER was informed of the decision to terminate the contract. However, the BUSINESS OWNER may withhold the refund until the goods have been received or until the CONSUMER has provided proof of having returned them, whichever occurs first.
To manage the return of defective, incorrect, or damaged products, the CONSUMER may contact the BUSINESS OWNER’s Customer Service and After-Sales Department by telephone on +34 911 484 397 or by email at shop@claraduran.com.
16. INFORMATION ON THE PROCESSING OF PERSONAL DATA
In accordance with the provisions of REGULATION (EU) 2016/679 of the EUROPEAN PARLIAMENT and of the COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC (General Data Protection Regulation – GDPR EU 2016/679), and Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights (LOPDGDD 3/2018), the BUSINESS OWNER informs CONSUMERS that it acts as the data controller for any personal data provided through electronic contact or registration forms, or by sending emails to any address under the domain claraduran.com, as well as in its capacity as seller of the products.
Purposes and legal basis for processing
- Order management, invoicing and shipping: processing is necessary for the performance of a contract.
- Commercial communications: sending electronic communications about products, subject to the prior express consent of the data subject.
Retention period
The CONSUMER’s personal data will be retained for as long as the contractual or commercial relationship remains in force, or for as long as there is a legitimate interest or valid consent.
Once the relationship has ended or consent has been withdrawn, the data will be duly blocked for the legally established periods in order to deal with any potential liabilities arising from the processing and/or compliance with legal obligations.
After these periods have expired, the data will be securely deleted.
Data transfers
No personal data will be transferred to third parties without the express consent of the CONSUMER, except where required by law or requested by administrative or judicial authorities.
Rights of the data subject
The BUSINESS OWNER informs the CONSUMER that they may exercise their rights of access, rectification, erasure (right to be forgotten), restriction of processing, data portability, objection to the processing of their personal data, and the right not to be subject to automated individual decisions. When the processing is based on consent, the CONSUMER also has the right to withdraw such consent at any time. These rights may be exercised by sending a written request to the postal address Calle Princesa 31, Planta 2, Puerta 2 – 28008 Madrid (Spain) by email to shop@claraduran.com, in both cases accompanied by valid proof of identity (such as a copy of the National Identity Document or passport) and clearly indicating which right they wish to exercise.
Supervisory authority
If the CONSUMER believes that the processing does not comply with current regulations or that their rights have been infringed, they may lodge a complaint with the Spanish Supervisory Authority (Agencia Española de Protección de Datos – AEPD) at https://www.aepd.es.
Our full Privacy Policy can be consulted at https://www.claraduran.com/privacy-policy.
17. LIABILITY AND DISCLAIMER
The BUSINESS OWNER cannot guarantee the continuous technical operation of the Website, the absence of faults or service interruptions, or that the Website will be available and accessible at all times.
The Website is hosted on a secure server with the necessary SSL security certificate. These are the tools available to the BUSINESS OWNER to minimise risks, including the presence of viruses, worms or other harmful software.
Under no circumstances shall the unavailability of the Website, or the existence of faults therein, entitle the CONSUMER or third parties to claim any form of compensation or other benefit.
18. INTELLECTUAL AND INDUSTRIAL PROPERTY
This Website, including but not limited to its programming, design, compilation, logos, texts, images, graphics, as well as the original artistic works offered and the painting and printing services, is the property of the BUSINESS OWNER or is used under the necessary rights, licences or authorisations from the legitimate owners.
In particular, the works of art and visual creations published on the Website are the property of the BUSINESS OWNER, unless expressly stated otherwise, and are protected under current intellectual property legislation. Any reproduction, distribution, transformation or public communication of these works without the prior written consent of the BUSINESS OWNER is strictly prohibited.
All content of the Website is duly protected by national and international legislation on intellectual and industrial property. The unauthorised use of any element of the Website, including the works and services offered, shall be considered a serious infringement of the BUSINESS OWNER’s rights and may give rise to the corresponding legal actions.
Designs, logos, texts, graphics or other content that may appear on the Website and that are owned by third parties belong to their respective owners, who are solely responsible for any disputes that may arise in relation to their use.
The BUSINESS OWNER recognises the corresponding intellectual and industrial property rights in favour of their owners. Their mere appearance on the Website shall not be construed as implying the existence of any rights over them, nor any responsibility, nor shall it imply endorsement, sponsorship or recommendation by the BUSINESS OWNER.
19. LINKS
This website may include links redirecting to third-party websites, which are owned and managed independently and are entirely outside the control of the BUSINESS OWNER. Such links are provided solely for the purpose of offering the customer additional access to content that may be of interest.
However, although the BUSINESS OWNER undertakes a prior review of the linked content, it has no effective control over such content and, consequently, cannot guarantee its technical availability, quality, accuracy, truthfulness, or legality. In light of the foregoing, the BUSINESS OWNER shall be exempt from any liability arising from access to, use of, or any potential damages resulting from such external content, except in those cases where applicable law provides otherwise.
Furthermore, please be aware that certain third-party websites may incorporate tracking technologies — including cookies — aimed at analysing the customer’s browsing habits. The information collected through such means is obtained in an anonymised manner and does not allow the direct identification of the user. The processing of such data is subject exclusively to the relevant privacy and cookie policies of the third parties responsible for those websites.
20. GENERAL
These Terms and Conditions have been drawn up in advance, in accordance with current legislation. The BUSINESS OWNER makes them available to the CONSUMER so that they may be stored and reproduced, thereby complying with the legal duty of prior information.
Click here to download the General Terms and Conditions.
The BUSINESS OWNER reserves the right to amend, at any time and without prior notice, the presentation and configuration of the Website’s online shop, its functionalities and/or the content included therein. It also reserves the right to cease providing services at any time, without prejudice to any commercial or other obligations acquired up to that point.
If any provision of these Terms and Conditions of Purchase is declared null and void or unenforceable, in whole or in part, by any Court, Tribunal or competent administrative authority, such nullity or unenforceability shall not affect the validity of the remaining provisions. In such cases, the affected clause(s) shall be replaced by another or others producing effects as similar as possible to those of the replaced clause(s).
21. CUSTOMER SERVICE AND AFTER-SALES SUPPORT
For any enquiries, suggestions, complaints or incidents relating to the purchase of works of art or the contracting of printing and custom painting services, you may contact our Customer Service team through the following channels:
- Telephone: +34 911 484 397
- Email: shop@claraduran.com
Our opening hours are Monday to Friday, from 10:00 to 18:00 (mainland Spain time). We undertake to reply within a maximum of 24 to 48 working hours.
Please note that we do not handle enquiries on weekends or public holidays (local, regional or national).
We are committed to providing a friendly, professional and efficient service, supporting you before, during and after your purchase.
22. OUT-OF-COURT SETTLEMENT OF DISPUTES
If the CONSUMER experiences any incident in relation to the purchase of items and/or products through the Website, they may resort to out-of-court dispute resolution mechanisms in order to resolve the matter quickly, effectively and amicably
The BUSINESS OWNER is a member of the Madrid City Council Consumer Arbitration Board, an accredited body for the alternative resolution of consumer disputes, with the following contact details:
- Madrid City Council Consumer Arbitration Board
- Address: Calle Príncipe de Vergara, 140 – 28002 Madrid
- Telephone: +34 91 588 83 71 or freephone 010 Línea Madrid
- Email: juntaarbitral@madrid.es
- Website: https://www.madrid.es/consumo
Accordingly, if the CONSUMER considers that they have been harmed as a result of a contract entered into through the Website, they may submit a request for consumer arbitration to the above Arbitration Board.
Click here to initiate the consumer arbitration procedure online.
23. EVENTS BEYOND OUR CONTROL
The BUSINESS OWNER shall not be liable for any failure or delay in the performance of its obligations where such failure or delay is caused by events beyond its reasonable control (“Force Majeure”).
Force Majeure shall include any act, event, omission or accident beyond reasonable control, including but not limited to the following:
I. Strikes, lockouts or other industrial action.
II. Civil commotion, riot, invasion, terrorist threat or attack, war (whether declared or not), or threat or preparation for war.
III. Fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or any other natural disaster.
IV. Inability to use trains, ships, aircraft, motor transport or other means of public or private transport.
V. Inability to use public or private telecommunications systems.
VI. Acts, decrees, legislation, regulations or restrictions imposed by any government or public authority.
It is understood that the obligations of the BUSINESS OWNER shall be suspended for the duration of the Force Majeure event, and the time for performance shall be extended for a period equal to the duration of such event.
The BUSINESS OWNER will use all reasonable means to bring the Force Majeure event to an end or to find a solution that enables the fulfilment of its obligations despite the event.
24. JURISDICTION
These General Conditions are governed by Spanish law. For the resolution of all disputes or issues related to this website or the activities carried out on it, Spanish legislation shall apply, to which the parties expressly submit, with the Courts and Tribunals of Madrid (Spain) being competent to resolve all conflicts arising from or related to its use, except in cases where the user is a consumer, in which case the Courts and Tribunals of the consumer’s place of residence shall have jurisdiction in accordance with the applicable regulations.
If any clause included in these General Conditions is declared totally or partially null and void or ineffective, such nullity or ineffectiveness shall only affect that provision or the part thereof that is null and void or ineffective, with the rest of these General Conditions remaining in force and that provision being considered totally or partially excluded.
Similarly, these conditions are subject to any other provision, regulation or law that may be directly or indirectly applicable.
