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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. All Certificates of Authenticity (COA) issued by Aurora & Athena guarantee the authenticity of the artwork for a standard period of twenty-four (24) months from the date of purchase, unless stated otherwise directly on the certificate. All our certificates, including COAs, are strictly governed by these Terms and Conditions.

3.2. Returns based on disputes of authenticity will be accepted exclusively if the Buyer provides definitive proof that the artwork is not as attributed, established either by a formal, detailed document issued by an internationally recognized institution (such as the artist’s official foundation or the author of the published catalogue raisonné) or by conclusive, peer-reviewed scientific analysis conducted within the European Union.

3.3. Important Disclaimer on Opinions: For the avoidance of doubt, unsubstantiated “opinions” from independent experts, other galleries, auction houses, or the rejection of the item for consignment by third parties do not constitute valid grounds for a return. Mere opinions will not be accepted as evidence to trigger our return policy. The burden of definitive proof lies with the Buyer.

4. Shipping, Delivery, And Export

4.1. Generally, the Gallery will dispatch items within one (1) week of the purchase date and upon receipt of cleared funds. We will assist in coordinating the shipping logistics and take care of the shipment process unless mutually agreed otherwise in writing.

4.2. Important Exception Regarding Export Permissions: If the purchased artwork requires certification or an export permission from the Spanish government (or other relevant authorities), the Gallery will formally apply for it within one (1) week of the purchase. However, the Gallery makes no guarantees and accepts no liability regarding the waiting time for such documentation. Processing times are entirely dependent upon the relevant governmental bodies and are beyond our control.

4.3. The risk in the goods shall pass to the Buyer upon delivery taking place. Any dates quoted for delivery are approximate only, and the Gallery shall not be liable for any delay in delivery however caused.

5. Pricing And Payment

5.1. Prices are subject to change and artworks may be withdrawn from sale without prior notice.

5.2. Title to the artwork shall remain with the Gallery until the Gallery has received full and cleared payment of the purchase price, including any applicable shipping costs, taxes, and duties.

6. Disclaimer Of Warranties

6.1. Except for the express authenticity guarantee outlined in Clause 3, all artworks and services are provided strictly on an “as is” and “as available” basis.

6.2. Aurora & Athena expressly disclaims all other warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

6.3. We make no representations or guarantees regarding the future financial appreciation, investment potential, specific utility, or resale profitability of any artwork. No advice or information, whether oral or written, obtained by you from the Gallery shall create any warranty not expressly stated in these Terms.

7. Limitation Of Liability

7.1 To the maximum extent permitted by applicable law, the Gallery’s total liability arising out of or in connection with the purchase of an artwork or use of our services shall be strictly limited to the amount actually paid by the Buyer for the specific artwork in question.

7.2 In no event shall Aurora y Athena S.L. be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of anticipated profits, loss of business, loss of data, or business interruption, arising out of any breach of warranty, delay, or use of the purchased artwork.

8. Intellectual Property Rights

8.1 The Gallery website, its original content, features, and functionality are and will remain the exclusive property of Aurora y Athena S.L. and its licensors. All individual artworks, photographs, text, essays, and logos are protected by copyright, trademark, and other applicable laws.

8.2 No content may be reproduced, copied, downloaded, or distributed in any form without prior express written consent from the Gallery. Unauthorized use may give rise to a claim for damages and/or be a criminal offense.

9. Events Beyond Our Control (Force Majeure)

9.1 We will not be liable for any failure or delay in the performance of our obligations caused by an event beyond our reasonable control, including but not limited to strikes, civil unrest, natural disasters, pandemic, acts of government, telecommunications failures, or delays caused by customs and export authorities.

10. Governing Law And Jurisdiction

10.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of Spain.

10.2 Any disputes arising out of or in connection with these Terms, including disputes relating to authenticity or export, shall be subject to the exclusive jurisdiction of the competent courts located in Barcelona, Spain.

11. Modifications To Terms And Conditions

11.1. The Gallery reserves the right, at its sole discretion, to modify or replace these Terms at any time. By continuing to access or use our services after revisions become effective, you agree to be bound by the revised terms.

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