Gallery Terms & Conditions

1. Introduction and Acceptance of Terms

1.1. These Terms and Conditions (“Terms”) govern the relationship between the buyer (“Buyer”, “you”, “your”) and Aurora y Athena S.L., operating as Aurora & Athena (“Gallery”, “we”, “us”, “our”), located at Calle de Aragón, 208-210 / 3o 6a, 08011 Barcelona, Spain.

1.2. By accessing our website, interacting with our Gallery, or purchasing an artwork, you agree to be bound by these Terms. If you do not agree to all the terms and conditions set forth herein, you may not make a purchase or use our services. These Terms combine standard operational practices with necessary legal protections to ensure a secure environment for both the Gallery and the Buyer.

2. Artwork Specifications And Condition

2.1. While we make every effort to display the colors, textures, and dimensions of artworks as accurately as possible, the display on screens or printed materials may not perfectly correspond to the physical artwork due to reproductive limitations. A description of each artwork is intended to provide a general understanding.

2.2. All works are carefully checked before dispatch. The Buyer is responsible for inquiring about the precise condition of the artwork prior to purchase.

3. Authenticity Guarantee & Return Policy

3.1. The Five-Year Authenticity Guarantee
Subject to this Section, Aurora & Athena guarantees, for five (5) years from the date of purchase, that an artwork sold with an Unqualified Attribution is by the artist so named. An Unqualified Attribution is the naming of the artist without qualifying words; terms such as “Attributed to”, “Circle of”, “Studio of”, “Workshop of”, “Follower of”, “Manner of”, “School of”, “After”, “Possibly by”, “Probably by”, “Signed”, and expressions of similar effect denote a qualified statement of opinion and do not carry this Guarantee unless the description expressly states otherwise. The Guarantee is engaged only by a materially incorrect attribution — a difference of an academic, technical or descriptive nature which does not materially alter the identity, authorship or market significance of the artwork does not engage it. It is given to the original registered buyer alone, is not transferable, and may be invoked only by a buyer who has retained ownership since the sale and can revest good and marketable title in the Gallery, free of any third-party interest, security, claim or encumbrance. Where an artwork is shown not to be as attributed, the buyer’s exclusive contractual remedy is rescission and refund in accordance with clause 3.6. This Guarantee is given in addition to the statutory rights preserved by clause 3.7.

3.2. Matters not covered
Unless expressly guaranteed in writing, the Guarantee does not extend to any statement as to date or period, dimensions, medium, materials, technique, edition, condition, restoration, provenance, exhibition history, literature, estimate or value, nor to the prospect of future inclusion in a catalogue raisonné or acceptance by any institution or market participant. Nor does it apply where the description or an accompanying notice disclosed a material divergence of scholarly opinion as to authorship.

3.3. Evidence required
A claim under the Guarantee must be supported by a reasoned written determination, made following substantive examination of the artwork, which is materially inconsistent with the catalogue attribution and which emanates from: the artist’s foundation, estate, archive or authentication committee, or another internationally recognised authority on the artist; the author, editor or principal scholarly authority responsible for the accepted catalogue raisonné or the principal scholarly corpus of the artist; or an independent laboratory in the European Union or the United States appropriately accredited for the analysis undertaken (under ISO/IEC 17025 or an equivalent standard where applicable), whose report identifies the methods employed, the material findings, any relevant limitations and its conclusions. A laboratory qualified only to undertake technical analysis will not be treated as determining authorship. The Gallery may accept other evidence of comparable authority, independence and rigour.

3.4. Evidence insufficient of itself
For the avoidance of doubt, the following do not, of themselves, establish that an artwork is not authentic or not as attributed: informal or oral opinions from independent experts, other galleries or auction houses; an inability or unwillingness to confirm an attribution; a refusal to issue a certificate or to examine the artwork; incomplete provenance or gaps in provenance; disagreement among specialists; a refusal by any gallery, dealer or auction house to consign, sell, exhibit or handle the artwork; an inability to resell it; or the rejection of the artwork for consignment by a third party. Mere opinions, however sincerely held, will not be accepted as evidence to trigger this Guarantee — the burden of definitive proof lies with the Buyer.

3.5. Claim procedure
The buyer must notify the Gallery in writing within three (3) months after first becoming aware of substantive information reasonably calling the attribution into question, and in every case before the expiry of the five-year period, identifying the artwork and the sale and specifying the attribution challenged. The buyer must disclose every material expert opinion, report and scientific analysis obtained in relation to the disputed attribution, whether favourable or unfavourable, preserve the artwork in the condition in which it was sold, retain all certificates and documentation, and make the artwork available to the Gallery for inspection and examination on reasonable notice.

3.6. Consequences of an accepted claim
Where a claim is accepted, the sale is rescinded and the Gallery shall refund the purchase price actually paid, together with any further sum which mandatory law requires to be refunded. No refund falls due until the artwork has been returned to and received at the location designated by the Gallery, in the condition in which it was sold, together with all certificates, documentation and accessories supplied with it, and good and marketable title has been revested in the Gallery free from any third-party interest, security, claim or encumbrance. Save as mandatory law requires, no other sum is payable, including in respect of shipping, packing, insurance, customs charges, storage, expert or laboratory fees, or any change in the value of the artwork.

3.7. Mandatory rights of consumer buyers
Nothing in these Terms excludes, restricts or affects any right of a buyer contracting as a consumer which cannot lawfully be excluded or restricted under Spanish or Catalan law, including under the consolidated text of the General Law for the Defence of Consumers and Users (Royal Legislative Decree 1/2007), Law 22/2010 (the Catalan Consumer Code) and applicable European Union law, including statutory rights in respect of conformity. The Five-Year Authenticity Guarantee is a contractual guarantee given in addition to, and not in substitution for, those rights. Where a statutory right affords a consumer buyer a remedy more favourable than this Section, that right prevails.

3.8. Statutory right of withdrawal
Where a sale to a consumer buyer is concluded as a distance contract or an off-premises contract, the buyer may have a statutory right to withdraw within fourteen (14) calendar days of taking physical possession of the artwork, without giving reasons, by an unequivocal written statement to the Gallery. The artwork must be returned without undue delay and in any event within fourteen (14) days of that notice; the direct cost of return is borne by the buyer, who is responsible for any diminished value of the artwork resulting from handling beyond that necessary to establish its nature and characteristics. This statutory right does not apply to a sale concluded in person at the Gallery’s own premises, and is separate from, and independent of, the Five-Year Authenticity Guarantee.

3.9. No other right of return
This Section governs the circumstances in which an artwork may be returned to the Gallery and a refund obtained. Save as provided in this Section, and save for rights which cannot lawfully be excluded or restricted, buyer’s remorse, a change of taste, an inability to resell an artwork, movements in the market or a refusal by any market participant to handle it give rise to no right of return, rescission or refund.