Your privacy choices
As described in our Privacy Policy, we collect personal information from your interactions with us and our website, including through cookies and similar technologies. We may also share this personal information with third parties, including advertising partners. We do this in order to show you ads on other websites that are more relevant to your interests and for other reasons outlined in our privacy policy.
Sharing of personal information for targeted advertising based on your interaction on different websites may be considered "sales", "sharing", or "targeted advertising" under certain U.S. state privacy laws. Depending on where you live, you may have the right to opt out of these activities. If you would like to exercise this opt-out right, please follow the instructions below.
If you visit our website with the Global Privacy Control opt-out preference signal enabled, depending on where you are, we will treat this as a request to opt-out of activity that may be considered a “sale” or “sharing” of personal information or other uses that may be considered targeted advertising for the device and browser you used to visit our website.
Definitions
Buyer:
The purchaser of the Physical Work.
Sales Contract:
The legally binding agreement by which the Buyer purchases a Physical Work through the Gallery. It is executed in accordance with these Terms and Conditions. It is reflected in the document sent to the Buyer as indicated in section 3. This document consists of: (i) a copy of the Terms and Conditions, (ii) the data generated in the purchase process, including the identification of the Buyer, the identification of the Physical Work, the Price, and other relevant data.
Daniela:
Daniela Tovar Ayllón, artist, author of the Physical Works, and holder of the Copyrights over them.
Copyright:
The ownership granted by applicable laws and treaties to an author regarding a work considered an artistic creation subject to protection. It includes economic rights and moral rights related to the work. Copyrights are independent of the ownership of the material object in which the work is incorporated.
Physical Work:
Each of the works of art offered by Daniela in the Gallery. It is the material object on which Daniela's creation has been embodied.
Destination Place:
The place designated by the Buyer for the delivery of the purchased Physical Work. It is designated according to the provisions of the Shipping Policy.
Gallery:
The virtual store hosted and operated for Daniela by Shopify.
Shipping Policy:
The terms and conditions of the shipments of the Physical Works purchased in the Store, which are listed separately in this Store. The Shipping Policy is part of the Terms and Conditions.
Price:
The monetary value to be paid for the acquisition of a Physical Work referred to in paragraph 11 of these Terms and Conditions
Terms and Conditions:
These terms and conditions.
Commercial Use:
The commercial exploitation of the Physical Work in any of its possible forms, including reproductions of any nature, giclees, prints, photographs, or other digital, analog, or any type of expressions. It also includes the use of the Physical Work to incorporate its image, or parts of it, into any other physical or virtual element, such as books, cards, agendas, games, toys, posters, illustrations, advertisements, merchandising, or any form of economic or commercial exploitation of the Physical Work and its image. In general, commercial use is considered the economic exploitation of the Physical Work.
You:
Used to refer to the Buyer.
About the Gallery
- The Gallery or Virtual Store is a platform for the exhibition, promotion, and sale of Physical Works operated for Daniela by Shopify. Through it, Daniela makes a public offer for the sale of the Physical Works, in accordance with the Terms and Conditions. By simply entering this website, you are assumed to know and have reviewed them.
- When you click on the button indicated to complete the payment form, it is understood that you accept the offer for the sale of the chosen Physical Work, automatically entering into a Sales Contract, without the need for any other act or confirmation. At that moment, the Terms and Conditions and the Shipping Policy are understood to be accepted, and they are automatically incorporated into the Sales Contract.
- Once the Sales Contract is executed, as soon as the payment is verified, an email will be sent to the Buyer at the address provided by you, in which the text of the executed Sales Contract will be sent in accordance with these Terms and Conditions.
- You are responsible for the authenticity of the data provided for the purpose of making the purchase, especially the data related to your identity, your address, your payment details, your email address, or other virtual addresses you decide to share with the Gallery. Notwithstanding this, if for any reason, which is not necessary or required to express, Daniela requires verifications regarding your identity and related data, they may be requested, in which case the execution of the Sales Contract will be suspended until the requested information is clarified. Daniela may reject the sale to you without expressing a reason for it.
About the Acquired Work - The description of the Physical Work is the one presented in the Gallery. It includes its dimensions, technical characteristics and one or more images of it, which, taken together, are a description that aims to represent the Physical Work in the best possible way. In the Gallery we do our best to reflect as accurately as possible the Physical Work so that you can make an informed decision. However, it should be noted that it is never possible to obtain perfect images, whether digital, photographic or similar, that exactly reproduce the Physical Work itself. Original works may also have details that escape the camera's scope, typical of the technique used (small traces of graphite, watercolour or similar) and irregular edges that enhance their original nature, in contrast to giclée prints.
- Each Physical Work comes with a certificate of authenticity that is sent together with the Physical Work. Daniela may issue new certificates of authenticity in cases of loss or transfer of the Physical Work to a third party. In the latter case, the new buyer must adhere to these Terms and Conditions For the issuance of new certificates, please contact Daniela, for which see the "Contact Me" section of the Store.
Daniela Maintains Copyright - The purchase of a Physical Work is limited to the acquisition of the physical object (artwork) offered in the Gallery. It is important to note that by the sale, you acquire ownership of the Physical Work, but you do not acquire the Copyright over the Physical Work, a right that is not transferred and remains with Daniela. In this sense, Daniela retains, among other things, the right to the Commercial Use of the Physical Work.
- According to the above, you cannot use the Physical Work for Commercial Use. The breach of this obligation will result in the automatic termination of the Sales Contract and the obligation to return the Physical Work to Daniela, without the right to a refund of the price.
- For the purposes of these Terms and Conditions, the following are not considered Commercial Use and are therefore freely permitted
• The transfer of the Physical Work to another person, whether this transfer is permanent or temporary. This includes operations such as auction, sale, donation, lease, loan, or similar transaction, whether for a fee or free of charge.
• The exhibition of the Physical Work in exhibitions or similar events, whether or not a fee is charged for the visit (provided that Daniela's authorship is mentioned).
• Any other uses expressly authorized by Daniela. - In the event of any type of transfer of the Physical Work, you will inform the new buyer that the Copyright belongs to Daniela.
About the Price: What it includes - The Price is the one specifically listed for each of the Physical Works offered in the Gallery. The Price includes any exit or export charges necessary to ship the Physical Work to the Destination Place indicated by you. The Price does not include any charges that may be made at the Destination Place, whether they are taxes, duties, services, administrative procedure costs, or, in general, costs of entry or importation of the Physical Work into the country of the Destination Place. It is important that you find out if the entry of the Physical Work into the Destination Place is subject to any charges so that you can cover these charges. For sales to European Union (EU) member countries, the respective value-added tax will be added to the Price.
- The Price includes the shipping costs of the Physical Work to the Destination Place, which are assumed by Daniela. If you prefer a different shipping method than the one described in the Store's Shipping Policy section, please contact us as indicated in the Contact Me section.
Payment - The payment methods are those that appear in the Store's payment gateway. The payment will be considered made when, regardless of the selected payment method, the money is effectively credited to Daniela's accounts. If for any reason you need to use a different payment method than those provided, please contact us to make the necessary arrangements.
Other Relevant Topics - Personal Data Processing: We are aware of the value that personal data has for each person. In this sense, Daniela will use your personal data strictly for the purpose for which it was provided, that is, to effectively and efficiently execute the sale or send the information you require or need. Daniela and the Store do not share the provided information with third parties that are not necessarily related to the purchase, payment, delivery, and shipment processes of the Physical Works. Daniela and the Store do not sell or commercialize the provided data.
Contact and Communications - If you have questions about these Terms and Conditions, or want to propose any particular term or condition, or want to know more about any characteristic of the Physical Work, or want to coordinate any shipping method, or in general need to communicate with the Gallery or Daniela, please use the form provided in the Contact Me section of the Store.
Applicable Laws and Addresses - For the purposes of any communication, the email address provided by you when making the purchase of the Physical Work will be valid. Any change of address must be communicated to Daniela writing to our email address or using the Contact Me section; otherwise, it will not take effect. Communications sent to the email address provided by you will be considered received on the same day they were sent, whether you have opened them or not, or even if the email address provided by you has been disabled for any reason, without you having communicated a new email address.
Not with standing the email address, your domicile is the one declared at the time of purchase. - The rules on intellectual property and copyright provided for by applicable international treaties apply to the Sales Contract. In the absence thereof, the national copyright legislation corresponding to the place where the eventual dispute arises shall apply. As regards contractual matters, Peruvian law shall apply.
- However, Daniela will always be available to resolve any problems that may eventually arise. Our dedication is art, not disputes.