FLECHA offers the service of buying and selling original artworks and reproductions/posters, as well as the commercial use of the digital images of the artworks (“services”) through our website: www. flecha.es, (“the web”) The "original artworks", "Digital Works" or "Reproductions" (from now on, "works") descriptions are made based on the information and documentation provided by suppliers and FLECHA’S collaborators. The photographs, graphics or iconographies and videos relating to the artworks, as well as trademarks or logos (of any kind) contained on the website, are intended to provide to the customer as much information as possible.
1.2. In the case where, for force majeure reasons or any incidence attributable to FLECHA, the artwork is not available after the purchase has been made, FLECHA will immediately inform the Customer by email of the partial or total cancellation. Regarding total cancellations, the total amount will be refunded. On the other hand, in case of partial cancellation, FLECHA will only refund the price of the not available artworks/services.
1.3. The user understands and agrees that FLECHA makes commercially reasonable efforts to show in the most accurately way the colours of the original artworks, digital and printed works in the website. However, because colours can vary in the different user’s devices, monitors or operating systems, the colour of the displayed artwork can vary from the original colour. Therefore, FLECHA is not responsible for the accuracy of the digital, printed or original artwork’s colours, appearing on the Website, and disclaims all liability on this regard.
1.4. Prior to the purchase, the customer must accept the particular conditions (including the compliance regarding any terms and conditions, rates and reservations set by FLECHA). The information established in the Sales and Use Conditions, can be modified according to the corresponding sale’s conditions. In case of conflict or contradiction, the specific sale’s conditions will prevail over these Conditions. Consequently, the Customer must read, in addition to the conditions, the particular sale’s conditions, which will be considered accepted at the time the Customer shall purchase the artwork.
2.1. All prices (of the artist’s works) offered through the Web Site include VAT. However, prices do not include shipping costs. These are detailed in the payment process and must be accepted by the customer at the time of the order request.
Regarding purchases done from/bound to the Canary Islands, VAT is automatically deducted at the time of purchase.
2.2. The information on the comparative prices and product discounts contained on the Website in the buying process are calculated using information provided by FLECHA’s suppliers or using verified prices in the points of sales.
2.3. FLECHA reserves the right to change prices at any time. The billing will be made using the price established at the time the order is finished.
3.1. L3.1.The customer’s purchases through the Website are performed following the procedure set out in the Order Form section.
3.2. FLECHA will send and e-mail to the Customer within twenty-four (24) hours after the receipt of the purchase’s confirmation. The contract will be formalized at the time FLECHA receives the payment of the price.
4.1. 4.1.The payment and shipping costs of purchases made through fleche.es is finalized by the time the client receives an email from FLECHA with the order’s confirmation and receipt acknowledgment.
4.2. The purchase’s receipt will be available and displayed on the client’s personal account, in the section: “My orders”. Inside this section, the customer will have the possibility of downloading the invoice.The customer has two possibilities regarding payment methods: Paying by credit or debit card, Visa, Mastercard, American Express, Visa Electron and / or the like, or through the PayPal system.
4.3. The customer must notify FLECHA, through the “Contact” section, in the shortest time possible, any improper or fraudulent charge on their credit card, in order for FLECHA to manage the situation conveniently.
4.4. FLECHA has the highest commercially available security measures in the sector. Also, the payment process works on a secure server using SSL (Secure Socket Layer). The server establishes a secure connection so that the information is transmitted encrypted using 128-bit algorithms, which ensure that it is only intelligible to the website and the customer's computer. In this matter, using the SSL protocol ensures:
a. That the Customer is submitting their data to FLECHA’S server and not to any other.
b.That the data is transmitted encrypted between the client and FLECHA’S server, preventing any kind of reading or manipulation by third parties.
Likewise, FLECHA states that doesn’t have access or stores sensitive data concerning the payment methods used by the Customer.
Only the corresponding payment processing entity has access to this data, in order to manage payments and collections. Once the purchase process is completed, an electronic document is generated that establishes the contract’s formalization and can be downloaded by the client by accessing into the section “ My account: My orders”.
4.5. Meanwhile, FLECHA, in order to ensure the customer’s safety, informs its clients that it has implemented a program for detecting possible fraudulent transactions, so FLECHA reserves the right to request, by email or telephone, information, confirmations and/or additional documents to it’s clients, (even after making one or more purchases through the web site), with the aim of confirming that the client has made and authorized the purchase (s) and/or the delivery or return of it, and in this matter, definitely authorize transaction (s). FLECHA may formulate, via telephone, various checks on the identity of the Client, or request: (a) a confirmation and written authorization signed by the Customer responsible for the respective (s) purchase (s); and (b) a copy of the current official identification and a Customer’s photo to confirm it’s identity. FLECHA undertakes to protect such information with the highest available security measures, in accordance to the information provided in the in force Protection of Personal Data Law.
If the customer does not favourably respond or does not submit to FLECHA the documentation and information requested within 48 hours from the call email, the (s) transaction (s) detailed (s) in this communication and (the) respective (s) order (s) may be automatically cancelled, without further notice, or liability for FLECHA and FLECHA will proceed to automatically refund the amount paid by the client.
Such a procedure has the aim of guarantee the Customer’s safety and, therefore, the Customer, by accepting these Conditions, accepts to undergo the procedure of detecting possible fraudulent transactions, without any liability to FLECHA, and, in the same way, authorizes FLECHA to use the customer’s information and documents referred to above, for future transactions that may be performed by the same client.
5.1. Customers may cancel or extend accepted and confirmed orders by FLECHA if the artwork conditions allows it. These conditions will be provided to Customer in the description of the artwork. If the order is being prepared, no cancellations or additions to it will be allowed. If the client wishes to cancel the order, he will have to return it.
5.2. In the case of purchasing several artworks by different artists, the client will only be able to cancel the whole order if every artwork has the optimal conditions for it. The cost of extending an order is specified for each case.
5.3. For a cancellation or extension of the order, the Customer must follow the procedure set out in the section named “My account/Orders”. Cancellation or order’s extensions requests will not be accepted via email.
5.4. FLECHA reserves the right to cancel orders in the cases and under the terms and conditions set in the forth paragraph “Product Payment” established in this document.
6.1. Place of delivery
FLECHA is committed to delivering the product in perfect conditions, in the direction indicated by the Customer. In order to optimize the delivery process, the address indicated by the Customer must be an address in which delivery can be made during normal business hours.
SIf at the time of delivery, the Customer is absent, the carrier will leave a notice indicating how to proceed in order to arrange a new delivery. If, within ten (10) calendar days from the date of the notice, the customer has not contacted the carrier to arrange a solution, the artwork will be returned to FLECHA and Customer will be responsible for shipping and returning costs, as well as any management associated costs.
FLECHA will not be liable for errors or damages caused in the delivery when the address (entered by the customer) does not conform to the place of delivery desired by it.
FLECHA can arrange a delivery of an order that contains different artworks, in different dates.
At the time of order’s delivery, the customer must present to the carrier their ID, and also must sign the delivery note and request a copy to the carrier.
6.2. Delivery time
FLECHA will inform the Customer, before the end of the purchasing process, the delivery period.
FLECHA won’t make deliveries on Saturdays, Sundays, and national, regional and local holidays.
FLECHA will inform the Customer of the status of the delivery and tracking number by email.
The delivery is considered completed from the moment in which the artwork has been made available to Customer in the indicated place of delivery.
The artwork’s risks (loss, damage or theft, among others) will be transmitted to the Client, from the moment the order has been made available to Customer in the terms indicated in this document.
7.1. Right of withdrawal
The Customer will have a period of fourteen (14) calendar days, counting from the day the artwork is delivered, to withdraw all or part of the purchase in accordance with the applicable law. Once this fourteen (14) calendar days are over, FLECHA will not accept returns for this cause.
The Customer won’t have a right of withdrawal cases specified in the applicable legislation and, in particular, in the following cases: (i) Orders responding to customer specifications or clearly personified; (Ii) digital works, sound or video, software, musical recordings unsealed by the customer, as well as computer files electronically supplied, susceptible to be downloaded or reproduced for permanent use; (Iii) reproductions; (Iv) periodical publications and magazines.
The artwork must be in the same conditions as it was delivered and shall keep the instructions, documentation, and accessories, as far as possible, it’s original packaging and labelling. The return to FLECHA must be done using the same box or envelope used in the delivery or, failing that, in a similar format in order to ensure the return in perfect conditions. The delivery note should also be included.
Once the return procedure is completed and visible in the section “My Account”, FLECHA will schedule and notify the customer via email, the date and time in which such collection will occur. Notwithstanding the above procedure, the Customer may also exercise their withdrawal right by using the withdrawal form found in the section “Help/How can I return a product?”
FLECHA, when the client makes use of it’s withdrawal right, will not be liable for return costs, therefore, the customer will assume them.
7.2. Refund of the artwork’s price
In the case of exercising the right of withdrawal, the Customer is entitled to reimbursement of the price of the returned artwork, plus the regular shipping cost, only (a) if the artwork is returned in the same conditions as it was delivered, (b) if it’s not been used by the customer (except to ensure its compliance with expectations), washed, damaged, unsealed (in the case of sound recordings or video discs, computer software) - altered, copied or lost before reaching FLECHA’S offices, (c) if the conditions established in this documents are not accomplished. Transport costs of the return will not be refunded.
FLECHA will check the adequacy of the returned artwork, and reserves the right to refuse reimbursement if it detects that the acquired and returned artwork do not match or that the return has not been made in accordance with these Conditions.
Order’s partial returns will result in price and partial shipping costs reimbursement. Shipping costs will be refunded proportionately to the value of the returned product. FLECHA will manage the return order price and shipping costs by the same payment system used by the customer for the purchase, within forty-eight (48) hours from the confirmation of arrival at the artist’s workshop and, no later than within 14 calendar days from the Customer withdrawal announcement. The application of the refund price in the Customer card or bank account will depend on the card and the issuer. The deadline for the price return implementation will be up to seven (7) calendar days for debit cards and up to thirty (30) calendar days for credit cards.
7.3. Returns of defective artworks
The Customer will be entitled to reimbursement of the price, shipping and transportation costs if the artwork is defective or does not correspond the order placed by the Customer, in accordance with applicable law and these conditions. Therefore, FLECHA will assume them (as far as the return is made inside the Spanish territory)
In these cases, the return to FLECHA may be made in the manner prescribed in paragraph 7.1. or by contacting to the customer service department, through the section “Help”.
If any of the clauses provided in this conditions are declared invalid, the rest of the clauses will remain in force, and will be interpreted taking into account the parties will and conditions purposes. The non-exercise of any right by FLECHA, arising from the Terms, shall not be construed as a waiver of such right, unless expressly and written waives or action prescription applicable in each case.
All communications between FLECHA and Customer, relating to these Terms or any other question, will be made in writing form through the “Help” section, in accordance with the procedures established in these terms for each particular case. In addition to this section, FLECHA also offers the Customer the possibility of contact via email: firstname.lastname@example.org
The Customer may also refer to FLECHA physical communications, by sending them to FLECHA’S office address, and conducting it in writing form and through a system that permits demonstration of the recepcion and content by FLECHA.
These Conditions and the contract documenting the customer’s acquisition of the art works or services, constitutes FLECHA and the customer’s express compliance and supersedes and replaces any other agreements or contracts, verbal or written, priory reached by the parties. Any modifications regarding this terms and conditions or the contract that documents the purchase of artworks or services, must be done in written form, and by mutual agreement between FLECHA and the customer.