Terms & Conditions

El Zapote Gallery website presents Original Works of Art to potential buyers with opportunities to view and purchase these works online. Below are the applicable Terms and Conditions.

These Terms & Conditions define the process for the online sale of Original Works of Art available via The Services, which include our website elzapotegallery.com, and which also include shipping, framing, phone contact, returns or condition issues, consultations as well as defining each party’s rights and obligations in purchasing. Please read these Terms and Conditions carefully. Please also read our Privacy Policy at https://elzapotegallery.com/privacy-policy.

The Services are available to persons 18 years of age or older. If you are under 18, access to the site is expressly prohibited. By accessing or using The Services you warrant that you are 18 or older.
By accessing and/or using The Services you further indicate that you understand and agree with the Terms. If you do not agree with the Terms, you have no right to access or use The Services.

Registration

In order to get gallery new information or updates, you may register to create an account . During the registration process you will be required to provide us personal information. You agree to provide accurate, current and complete information during the registration process.

Privacy

Please click on the link: El Zapote Gallery Privacy Policy for information concerning use of your personal information.

Modifications

El Zapote Gallery reserves the right to modify, discontinue or terminate The Services or to modify these Terms at any time and without prior notice. By continuing to access or use The Services after modification, you are indicating your agreement with the modifications. If the modified Terms are not acceptable, you must cease using The Services. We reserve the right to change the URL, modify and restrict or block your access to The Services without prior notice. We reserve the right to correct The Services and to change or update information on The Services at any time without prior notice.

Online Sales

Original Works of Art are offered for sale on The Services subject to their availability.
To buy an Original Work of Art you must select your choice(s), place in your cart and provide the necessary personal information to place your order.
Before validating the order you must check all information appearing on the order summary, and you may change any mistakes in the item(s) selected and check the delivery costs if any.

Buyer will not be charged before his/her purchase has been validated, which is done by El Zapote Gallery within 24 to 48 hours. This ensures availability of the Original Work of Art from the Artist-Seller. If your choice of art is no longer available, you will be notified by El Zapote Gallery within 48 hours and your order will be automatically cancelled.

Artists selling Original Works of Art through The Services “Online Sales” hereby grant El Zapote Gallery a worldwide, transferable, nonexclusive, right and license including the right to sublicense to use, reproduce, distribute, publicly perform and publicly display copies of Original Works of Art sold via the Sales Channels; and to access, view, use, crop, resize, copy, distribute, license, publicly display, publicly perform, transmit and broadcast copies of the Original Work of Art in any form, medium or technology now known or later developed for the purpose of promoting El Zapote Gallery/The Services.
Artists acknowledge and agree that the foregoing license rights are granted on a royalty-free basis and that your sole compensation for the grant of such license rights if any, will be in the form of the Artist Revenue Share which is payable only upon the sale of an Original Work of Art via Online Sales.
El Zapote Gallery will be responsible for collecting, billing and shipping information from the purchaser and for processing payment for such purchases made via The Services.
You agree to comply with the terms and conditions of El Zapote Gallery’s then-current Return Policy applicable to any Original Works of Art sold through The Services.

Buyers may purchase Original Works of Art listed on The Services.
When you purchase an Original Work of Art via The services, you are purchasing the work from the Artist- Seller identified on the listing for such work and not from El Zapote Gallery; therefore the Artist-Seller is the sole party bound by obligations arising therefrom.
Prices for Original Works of Art are as specified on the applicable listing.
You acknowledge that prices do not include shipping and handling charges (unless specifically indicated on the Site) or applicable Taxes including VAT, if any, for which you are responsible and which will be separately identified on your receipt.
El Zapote Gallery will collect your billing and shipping information and process your payment.
The Artist-Seller identified on the listing of the Original Work of Art will ship the purchased work directly to you or to the gallery as per your preference.
Delivery and packaging costs if any depend on the Work of Art, its dimensions, weight, and location of delivery.
Certain Original Works of Art may require additional shipping and handling charges and special arrangements.
The delivery of Original Works of Art is made during business hours to the address provided on the order form.

The Buyer must immediately check the condition of the Original Work of Art and report any concern immediately and in writing no later than 24 hours of receipt to El Zapote Gallery.
All Terms and Conditions of El Zapote Gallery then-current, and our Return Policy apply to any and all Original Works of Art purchased via The Services.

The Artist-Seller guarantees that he/she is the author of the work of art and that the latter does not violate any laws, regulations and standards in force, or affect the rights of third parties.

The Artist-Seller retains his/her moral right on the artwork as well as the rights regarding its reproduction.
You understand and agree that El Zapote Gallery uses commercially reasonable efforts to display the colors of Original Works of Art and Printed Works accurately via The Services. However, El Zapote Gallery is not responsible for the color accuracy of any Original Works of Art or Printed Works displayed on The Services, and disclaims all liability in this regard.

Taxes

All prices, commissions, fees and other amounts referred to in these Terms, including any prices, commissions and fees set forth on The Services are stated in U.S. dollars and do not include any sales, use, value added “VAT”, goods and services “GST” or similar taxes or withholding taxes or any customs duties or tariffs that may be assessed by any governmental tax authority or that are otherwise payable under applicable law with respect to the purchase, sale and licensing transactions contemplated hereunder “Taxes”.
If you are a purchaser of Original Works of Art, you acknowledge that taxes including VAT will be added to amounts charged, when required. Each party will be responsible for complying with any and all obligations imposed on it under applicable law with respect to the collection and payment of any taxes including VAT. Each party will cooperate with the other, and furnish the other with any customary written documentation or forms required under applicable law to enable the other party to comply with such obligations or to exercise any rights available under applicable law to minimize or to qualify for an exemption from any such obligations.

GOODS SHIPPED TO THE EU

Artworks shipped to the EU are categorized under various numeric customs codes.. Each of these categories/codes require different duty charges. In addition the VAT rate for paintings is currently 5%.
Insofar as this statement contains legal requirements, the information given is to the best of our knowledge and does not establish any legal claims.

Click on this link to find further information about customs requirements.

Payments

When you decide to purchase an Original Work of Art via The Services, you will be asked by us or our designee to provide certain information relevant to your purchase including, without limitation, credit card number, expiration date, billing address, VAT ID, and shipping information. You acknowledge that any such information will be treated by us in accordance with our Privacy Policy. You grant us the right to provide such information to third parties in order to facilitate the completion of transactions initiated by you or on your behalf via The Services.
Failure to pay the full price automatically cancels any sale, and the Original Work of Art is re-listed for sale on The Services by El Zapote Gallery.

RETURNS POLICY

We stipulate a 7 day return time applicable for damaged works. Please note that any refunds must be requested within this time frame.

How do I return the artwork?

We recommend artwork be returned in its original packaging.

When is the refund issued?

We’ll process your refund once the artist has received the artwork and checked its condition.

We reserve the right to change descriptions or references to artworks or services. We may modify any information data at our sole discretion, logos, trade names and any other proprietary designations of El Zapote Gallery used herein are trademarks or registered trademarks of El Zapote Gallery or its licensors.

Proprietary Rights Notices

All trademarks, service mar

Any dispute concerning the validity, interpretation or execution of these general conditions shall be brought before the Mexican Courts.

These general Terms and Conditions of sale are governed by Mexican law.

Any other info, please contact us at:
El Zapote Gallery
Client Service Department
C 57 545 A
Centro 97000
Mérida, Yucatán. MX,
[email protected]