Terms and Conditions

These terms and conditions of purchase (hereinafter the «General Conditions»), regulate the legal relationship arising from the purchase and sale processes carried out by you on the website located at the url www.galeriarafaelortiz.com/tienda. You accept the General Conditions from the moment you use or contract the service or purchase any product. This document can be printed and stored by you. Galeria Rafael Ortiz makes available to you, the e-mail address info@galeriarafaelortiz.com, so you can ask any questions about the General Conditions.

1. PLACING YOUR ORDER.
1.1. In order to place an order you must be 18 years old and have the capacity to contract. You declare that the data and information you provide us are truthful and updated.

1.2. You can place your order through our online store at www.galeriarafaelortiz.com/tienda, by email info@galeriarafaelortiz.com or by calling (+34) 954.214.874. Orders that arrive in a different way than those indicated above will not be accepted.

1.3. By placing your order you are making us an offer to purchase the products you have selected in accordance with these General Conditions.

1.4. Once your order has been accepted, we will send you an order confirmation by e-mail which will also contain your order number. The order confirmation will be effective from the time it is sent. If we are unable to process your order due to any incident, we will contact you by email or telephone.

1.5. To place an order through the website of the Rafael Ortiz Gallery, you need internet access to connect to www.galeriarafelortiz.com/tienda.

1.6. Once you have all the required products in the shopping cart, you continue with the purchase by going to the selection screen of Payment Methods, Shipping Methods and Modification (if required) of the billing and/or shipping information.

1.7. Once the purchase is completed and as quickly as possible, within reason, Rafael Ortiz Gallery will send customers an email with the receipt of the order containing the summary of the purchase, as well as payment information if applicable and shipping and billing information.

1.8. Galeria Rafael Ortiz will send a physical receipt to be received along with the order. This receipt will be issued in the name of the individual or company that has placed the order, so customers must ensure that the order is placed with the correct name. The product(s) will be shipped according to the shipping method selected by you.

2. DELIVERY OF YOUR ORDER.
2.1. We will supply you with the products selected in the confirmation of your order, in accordance with these General Terms and Conditions.

2.2. The hours of receipt of orders is twenty-four (24) hours the three hundred and sixty-five (365) days of the year, although orders placed after seventeen (17) hours will not be processed, remaining for the next business day in the city of Seville. Orders received during the weekend will be processed first thing the following Monday or first working day.

3. PRICES.
3.1. The price of the products includes the corresponding VAT and will be the one indicated in your order and/or invoice. The payment of VAT shall be borne by the customer.

3.2. VAT will not be applied to the purchase of products whose destination is outside the European Union. In addition, intra-community acquisitions made by a company/professional will be exempt from VAT as long as the buyer proves his professional status or his tax identification appears in the VIES system of the European Economic Community, which can be checked through the website: http://ec.europa.eu/taxation_customs/vies/vieshome.do?locale=es.

3.3. Shipping costs are to be paid by the customer, as indicated in your order and invoice.

3.4. In shipments to the Canary Islands, Ceuta and Melilla, the customer, upon receipt of the product, shall bear the costs of customs clearance and payment of local tax, IGIC or similar.

3.5. In shipments to countries not belonging to the European Union or with which the European Union does not have a customs suppression agreement, the customer shall bear the costs of customs clearance and other taxes that may be applicable upon receipt of the product.

4. PAYMENT OF YOUR ORDER/S.
4.1. You can pay for your products by the payment systems that appear in the payment methods section of our online store.

4.2. We only accept payments in Euros.

4.3. If you pay by credit card, you must provide your credit card details at the time of placing your order. We only accept payments with secure cards in which your identity is authenticated as the cardholder according to the method established by your bank, through the secure e-commerce service Redsys of Banco Santander.

4.4. If you pay by bank transfer / deposit account, Galeria Rafael Ortiz will contact you to provide the account number and make the payment request. Your order will be reserved but will not be shipped until payment has been received in our bank account. If payment for the full amount is not received within seven (7) days of the date of your order, your order may be cancelled. In any case, once you have proceeded with the payment by transfer or deposit in account, you must immediately send us proof of payment as well as your order number to the following e-mail address: info@galeriarafaelortiz.com. The sending of the transfer receipt, could speed up the process, but in no case would serve to validate it nor does it imply any reservation.

5. DELIVERY OF YOUR ORDER.
5.1. We will send your order to the shipping address listed on your order form.

5.2. The orders are sent insured, with a policy that covers the replacement value of the purchased works.

5.3. If you have ordered several products in the same order, we may deliver them on different dates.

5.4. At the time of delivery of your order to the carrier, we will send you confirmation of shipment to the email address you provided when placing the order. In the shipping confirmation we will indicate the tracking number corresponding to your shipment so that you can track it through the carrier’s website.

5.5. Orders will be processed within 24 hours, excluding Saturdays, Sundays, Mondays and holidays in the Autonomous Community of Andalusia.

5.6. The title and risk of loss of the products of the order will be transferred to you upon delivery of the order.

5.7. In the case of shipments to the Canary Islands, Ceuta and Melilla, as well as other destinations where customs control is required, customs clearance costs, as well as the payment of local tax, will always be borne by you. In the event that you reject the order at the time of delivery and it is returned to Rafael Ortiz Gallery by the shipping company, will be deducted from the refund of the purchase customs charges, local tax and shipping costs incurred, as well as bank charges, if any.

6. SATISFACTION OR RETURN. RIGHT OF WITHDRAWAL.
6.1. If you are not satisfied with any of the products of your order, you may exercise the right of withdrawal and request a refund, within a maximum period of fifteen (15) calendar days following receipt of the order, to obtain a refund of the amount of the product/s.

6.2. In order to exercise the option to return an order/work, you must send an email to info@galeriarafaelortiz.com, attaching the invoice number and order number, and including your contact details, so that we can provide you with a return number and instructions on how to return the order/product.

6.3. You must return the products of the order in perfect condition, otherwise the return will not be allowed. In addition, the transport of the returned order must be made in the same conditions of delivery, being you obliged to subscribe an insurance that covers the replacement value of the returned work. The return shipping costs are to be paid by the customer.

6.4. In case of returning the order, the amount paid for the purchased work will be refunded, but excluding the shipping costs paid at the time.

6.5. In the case of returns from the Canary Islands, Ceuta and Melilla, and other destinations where customs control is required, the return shipping costs, as well as customs clearance costs and local taxes, if any, will always be borne by the customer.

6.6. Without affecting the consumer’s right of withdrawal or warranty liability for defective products, the total liability of Galeria Rafael Ortiz for the goods supplied would be limited to the amount of the same.

6.7. Deteriorations attributable to the customer, such as neglect of proper conservation measures of the work, exposure to light, water or other elements, influence of environmental and climatic conditions, improper use of the work and other similar factors will not be considered defects of origin.

6.8. When the merchandise, by mistake, does not correspond to the order, Galeria Rafael Ortiz will bear the cost of collecting the wrong merchandise and delivery of the one corresponding to the order placed.

6.9. If the order is a gift, Rafael Ortiz Gallery will exchange or refund the product if the return complies with the conditions described in the previous and following paragraphs.

6.10. Orders with store pickup and direct purchases at the collection point have a withdrawal period (return and/or exchange) of fifteen (15) calendar days from the date of delivery.

6.11. In case of return, the refund of the amounts paid will be made through the means of payment used in the purchase.

6.12. Galeria Rafael Ortiz will not refund the amount or make any reshipment of goods until it has been verified the receipt and condition of packaging and the product being returned. The amount to be refunded is the amount originally stated in the order, excluding the shipping costs of the first shipment.

7. CONTACT WITH RAFAEL ORTIZ GALLERY AND RECTIFICATION OF PROBLEMS AND ERRORS.
You can contact us through:

– By mail to Galería Rafael Ortiz, C/ Mármoles, 12 41004 (Seville – Spain).
– By e-mail to info@galeriarafaelortiz.com
– By phone, by calling (+34) 954.214.874

When contacting us regarding an order you have placed, you must indicate your order number.

8. CONTENTS AND INFORMATION PROVIDED ON OUR WEBSITE.
8.1. Galeria Rafael Ortiz reserves the right to modify the commercial offer presented on the website www.galeriarafaelortiz.com/tienda (modification of products, prices, promotions and other commercial and service conditions) at any time.

8.2. Galeria Rafael Ortiz puts all reasonable means at its disposal to try to ensure that the information displayed on its website is accurate and free of typographical errors. If any such error occurs, at all times outside the control of Rafael Ortiz Gallery, it will be corrected immediately, as soon as it is detected. If the error occurs in some of the prices shown and a customer has made a purchase, we will communicate this error and the customer or user will have the right to cancel the order at no cost on their part. The sending of an automatic confirmation of purchase, does not validate the conditions of an erroneous price.

8.3. The information presented on this website is in Spanish and English, including the formalization of the contract and all contractual information displayed and sent to consumers or users. In case of discrepancy between the two versions, the Spanish version shall prevail.

9. DATA PROTECTION.
By placing an order you agree that we may store, process and use data obtained from your order form for the purpose of processing your order. By providing the email address or other personal data, a necessary requirement for the processing of your order, Rafael Ortiz Gallery offers you the email address info@galeriarafaelortiz.com, so that you can revoke your consent.

Galería Rafael Ortiz declares that it complies with current regulations regarding data protection, in particular the Organic Law 3/2018 of December 5, 2018, on the Protection of Personal Data and guarantee of digital rights; as well as 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 their personal data and on the free movement of such data (General Data Protection Regulation, GDPR). Galeria Rafael Ortiz makes available to customers, the email address info@galeriarafaelortiz.com, so that they can exercise their rights of access, rectification, cancellation and opposition guaranteed by current legislation. For more information on privacy policy, please review our Privacy Policy link.

10. FORCE MAJEURE.
We will do our best to fulfill the obligations arising from your order. However, we will not be liable for delay or failure to perform if the delay or failure is due to force majeure. In the event of delay, we will perform our obligations as soon as reasonably possible.

11. APPLICABLE LAW AND COMPETENT JURISDICTION.
Any dispute arising from the interpretation or performance of the contract shall be interpreted on the basis of Spanish law. Likewise, for the resolution of any dispute, the parties, expressly waiving any other jurisdiction that may correspond to them, expressly submit to the Courts and Tribunals of Seville (Andalusia), except in the event that the user acts as a consumer, in which case the competent courts shall be those corresponding to the user’s domicile.

12. NULLITY AND INEFFECTIVENESS OF THE CLAUSES.
If any clause included in these General Conditions were declared, totally or partially, null or ineffective, such nullity or ineffectiveness will only affect such provision or the part of the same that is null or ineffective, subsisting the General Conditions in all the rest, having such provision, or the part of the same that is affected, as not put.

13. SECURITY.
The web site uses information security techniques generally accepted in the industry, such as firewalls, access control procedures and cryptographic mechanisms, all in order to prevent unauthorized access of data and possible theft thereof. To achieve these purposes, the user/customer agrees that the provider obtains data for the purpose of authentication of access controls.

We offer 100% secure payment
In galeriarafaelortiz.com we guarantee that every transaction is 100% secure.

All purchases you make on our website are guaranteed by the secure server of the bank Banco Santander, so that your data is protected and encrypted by the most advanced technology, so it is much safer to send your data to the Secure Server of the banks to pay at a gas station, restaurant, etc..

What happens when I send my data through the network?
When you make the purchase and choose the payment method, when you click on the Payment by card button the website connects to the Secure Server, from that moment you enter to navigate in the secure area and register your bank details in the bank’s Secure Server, which ensures that the operation meets the security requirements and performs the operation, after which the confirmation of the same appears and the buyer returns back to the store.

Could someone know the encryption key?
Every time a user connects to a Secure Server, it generates a random key for the session it is establishing with the user, while the client’s browser generates another key, also random, which is used to identify itself to the server.

If at the time a secure connection is established, other users connect to the server, new keys are generated again to identify the participants in the connection.

The Secure Server ensures that the generated keys never coincide while several simultaneous connections are established.
simultaneous connections are established.

How do I know that a secure connection has actually been established?
You can tell if you have connected to a Secure Server if the URL address begins with «https://». In addition, the most commonly used browsers indicate this graphically by means of an icon that shows the user whether or not there is a secure connection (for example, in the case of Internet Explorer, the yellow closed padlock appears).

What security protocol is used in transmissions?
Connections to the Secure Server use the latest specifications of the standard network security protocol: SSL.

Which financial institution guarantees the security of my transactions?
When you make a purchase with a debit or credit card in our Online Store XXXX a connection is established with the Secure Server of Banco Santander, which provides all its experience and technological infrastructure to support securely and effectively all electronic transactions of purchases made in www.tiendaonline.com. When a payment request arrives to Banco Santander’s Secure Server, it is in charge of managing the authorization or denial, in real time, of the payment of that purchase after corroborating that all the data are correct to make the payment.

Where can you get more information?
For further information on security issues, you can access the information provided by Banco Santander on its website, www.bancosantander.es.

3D Secure
Banco Santander’s gateway is compatible with the new secure internet payment protocols introduced by Visa and Mastercard.

3D Secure is the most secure credit card payment system because it is able to authenticate the cardholder, ensuring that the customer using a card number is really the cardholder. This is done by means of a secret key that your own bank will provide you with and that only you will know, in most cases this key can be requested on-line. For more information you can consult your bank’s website or contact your bank.

Very important
Our website only accepts payment with credit cards that are secured (3D Secure), so you will need a special key to buy online to be provided by the financial institution issuing the card, mentioning the need to have the virtual key 3D Secure. We recommend using this 3D Secure system, you ensure that you are the only one who can make purchases with the card so it is impossible to use it fraudulently on the network, ensuring total security of transactions.

How do we protect your credit card payment?
galeriarafaelortiz.com uses a server based on one of the most reliable secure payment systems on the Internet: the SSL (Secure Socked Layer) security protocol. (For more information, visit www.ssl.com).

All your personal data and information you transmit to us travels in encrypted form over the network, and is protected and encrypted before being sent for processing.

For Visa and Mastercard payment only CES (Secure Electronic Commerce) transactions will be accepted. After verifying that the card is enrolled in the CES system, the system will contact the issuing bank for the buyer to authorize the purchase. Once the bank confirms the authenticity, the card will be charged.

Otherwise the order will be cancelled.
The payment gateway we use for your credit card payment is Banco Santander, which encrypts your data using SSL 256-bit protocol. Our system does not store any bank details of your credit card, but goes directly to the Bank’s Ecommerce POS (Point of Sale Terminal).

What is SSL?
Recent advances in browser and server technology have facilitated the use of web services without concerns related to electronic fraud. One example is Secure Sockets Layer (SSL), developed by Netscape, a security protocol submitted to the Internet Engineering Task Force (IETF) as an Internet draft. Basically, the protocol allows the browser and the server of a web session to authenticate each other and protect the information that will subsequently flow between the two points. By using cryptographic techniques such as encryption and digital signature, the protocol:

■ Allows browsers and web servers to authenticate each other.
■ Allows website owners to control access to particular servers, directories, files or services.
■ Allows sensitive information (such as credit card numbers) to be shared between the browser and server, keeping it inaccessible to third parties.
■ Ensures that data exchanged by the browser and server cannot be corrupted, either accidentally or deliberately, without detection.