Terms of service
GENERAL TERMS AND CONDITIONS OF USE FOR THE YAMILE OROZCO ART WEBSITE
Last modified: November 5, 2024.
The following terms and conditions constitute an agreement between the Yamile Orozco Art platform, with the domain "www.yamileorozcoart.com", and the users who make use of it.
Users who use the services offered on this website are subject to the terms and conditions outlined below. If you do not agree with what is stated, you should refrain from using the platform.
Yamile Orozco Art reserves the right to update the terms and conditions as necessary.
1. GENERAL CONCEPTS:
To facilitate the understanding of these Terms and Conditions, we will provide brief definitions:
1.1 What is Yamile Orozco Art?
Yamile Orozco Art is a platform created to primarily offer to the community works of art originally designed and created by the artist Yamile Orozco, and occasionally, works in collaboration with other artists.
The products offered on the website are shipped from Colombia.
1.2 User: A person who does not necessarily register on the Yamile Orozco Art domain but uses the website to view the artwork without making purchase transactions.
1.3 Client: A person who registers on the Yamile Orozco Art domain and uses the website to view artwork and make purchase transactions for one of the pieces.
1.4 Artwork: Refers to all works displayed on Yamile Orozco Art.
1.5 Artist: Refers to the person who publishes their artistic works on Yamile Orozco Art, in this case, referring to Yamile Orozco.
2. EXHIBITED PRODUCTS:
All the artworks on the Yamile Orozco Art site are original, designed and executed by the artist Yamile Orozco. Each piece is shipped with a Certificate of Authenticity signed by her. The Certificate of Authenticity includes the artwork's title, dimensions, technique, year, a photo of the piece, and the artist's signature.
All works by Yamile Orozco are registered with the National Directorate of Copyright in Colombia.
The Yamile Orozco Art site provides a description of each product, including: techniques, dimensions, materials, price, and images of each artwork.
Yamile Orozco Art offers two formats for the artwork: rectangular and circular.
Yamile Orozco reserves the right to make changes to product images, prices, and promotions as deemed necessary.
Images will be edited to closely match the colors of the artwork, though slight variations may occur depending on the editing process. The goal is to maintain as much fidelity as possible to the original tones.
Yamile Orozco reserves the right to correct any errors on the website, such as inaccurate descriptions of techniques, dimensions, materials, images, or prices. If a purchase is made for a product containing an error, we will contact the buyer to inform them of the situation and come to a resolution. If no agreement is reached, a refund will be issued, and the purchase will be canceled.
3. PAYMENTS:
Payments can be made through the website from both Colombian and international accounts:
- National (Colombia): PSE, Mercado Pago account, or debit/credit card.
- International: Debit or credit card.
Yamile Orozco Art does not store card details or other payment methods used by the client. For more information on personal data handling, please refer to our Privacy Policy.
4. PURCHASE PROCESS:
The prices of the artworks offered on Yamile Orozco Art are set at the artist's discretion.
All prices are listed in Colombian pesos. To facilitate international purchases, an approximate value in U.S. dollars will be shown above the price in Colombian pesos. Please note that the dollar value is only a reference. The total value, including shipping, will be shown at the end of the purchase process in Colombian pesos. After payment, the amount in the local currency will be debited according to the exchange rate.
The purchase process on Yamile Orozco Art is as follows:
1) Add items to the cart.
2) Provide the necessary information for shipping and availability validation.
3) Review the total value of the purchase.
4) Complete the payment.
5) You will receive a purchase summary via email. If you don't receive the confirmation email due to technical issues, please contact us at contacto@yamileorozcoart.com, detailing the situation and providing the necessary purchase proof. We will verify the information and, if valid, confirm the purchase.
Discounts and offers will end on the specified dates or when stock runs out. Availability is subject to inventory capacity.
Clients are responsible for providing accurate and truthful shipping information. For more details, refer to our Privacy Policy.
5. SHIPPING:
5.1 Terms for National and International Shipments:
Yamile Orozco Art is not responsible for errors in the provided shipping address or country. We will not make shipments to addresses or countries different from those provided in step 2 of the purchase process.
Yamile Orozco Art will ship the artwork within 20 days after the purchase process is completed. This period is required for the preparation, packaging, and documentation for domestic or international shipping.
The shipment is considered satisfactorily received 5 days after the carrier confirms delivery. The client can track the order through the carrier's website. The carrier and tracking number will be provided when the shipment is made.
The carrier will be chosen by Yamile Orozco Art. The artist is not responsible for delays caused by the carrier or due to force majeure events.
Delivery times may be affected by unforeseen situations. Once the artwork is prepared and shipped, we will inform the client of the approximate delivery time. We are not responsible for delays caused by events like peak shipping seasons, strikes, protests, wars, government decrees, road closures, epidemics, fires, storms, earthquakes, floods, or other natural disasters.
5.2 National Shipments:
Domestic shipments within Colombia are free of charge.
All artworks delivered in Colombia will come with their respective frames.
5.3 International Shipments:
All rectangular artworks shipped internationally will be rolled up. Circular artworks are sent with their frames to avoid damage to the canvas, which increases shipping costs.
International shipping is subject to availability. Before completing payment, clients should check the countries to which we currently offer shipping services.
The international shipping cost covers only transportation from Colombia to the specified destination country and does not include customs or import duties, which may be charged by the destination country. Clients should consult their local customs authority for details on import conditions and requirements.
Some countries' customs may perform invasive checks. While we will take care to protect the artwork during shipping, we are not responsible for damage that occurs during or after customs inspection.
5.3.1 Import Taxes and Customs Duties:
Clients should be aware that some countries charge import taxes when the artwork enters the country. Customs will determine the fee based on the package's value. Once assessed, the carrier will notify the client of the tax amount, which should be paid promptly to avoid shipping delays.
Clients must comply with the import laws of the destination country. Yamile Orozco Art is not responsible for any legal issues arising from failure to comply with these laws. We will inform the client if the carrier requires additional documents for customs clearance.
6. RETURNS AND EXCHANGES:
Clients may return an artwork if it does not meet the promised conditions. The client can choose one of the following options:
1) A replacement artwork of equal value.
2) A replacement artwork of higher value, with the client paying the difference.
3) If the replacement artwork is of lower value, the excess amount will be credited for future purchases at Yamile Orozco Art.
Under no circumstances will refunds be made for returned artworks.
Exchanges are subject to availability.
Requests for exchanges must be made within 5 days of receiving the artwork.
To request an exchange, the client must email contacto@yamileorozcoart.com with their name, the name of the purchased artwork, proof of purchase, and the reason for the exchange.
Yamile Orozco Art reserves the right to validate the following points:
1) Whether the defect in the artwork originated from the execution process or packaging.
2) Whether damage was caused by invasive customs inspection. Yamile Orozco Art is not responsible for damage caused during or after customs inspection.
3) In cases of discrepancies in color, technique, format, or dimensions between the displayed artwork and the received artwork, we will verify if there was a mistake in the display or if it was the client’s error during selection.
Once the defect is confirmed, we will work with the client to select a replacement piece.
To complete the exchange, the client must return the artwork in its original condition, properly packed and protected. If the artwork is returned with damage due to improper handling or packaging, we will not accept the exchange.
The client is responsible for the shipping costs of returning the artwork and shipping the new piece. For international returns, the client must also cover any customs costs.
7.INTELLECTUAL PROPERTY RIGHTS:
All artworks sold on Yamile Orozco Art are registered with the National Copyright Directorate of Colombia.
Artist Yamile Orozco does not transfer the rights to her works in any transaction. The user or client agrees to respect the copyright.
The client or user understands that the artworks are protected by copyright, and unauthorized use will be considered a violation of these rights.
7.1 Prohibitions for Users and/or Clients:
Users who visit the platform, use the services offered on the website, or acquire a work of art must not:
- Use the works for advertising, marketing, magazines, newspapers, or any other media with commercial intentions.
- Use the works for website designs, video games, or programs developed and intended for distribution or commercialization.
- Reproduce and commercialize the work, as after making a purchase, the artist retains the rights to the work.
- Download images of the works to reproduce or distribute them for commercial purposes.
- Use the work to create defamatory, immoral, racist content, violate rights, or create sensitive materials that violate the law.
- Send promotional materials, spam, junk emails, or any type of unsolicited advertising to contact numbers or email addresses.
- Use the Website, the services offered, and the content of Yamile Orozco Art for any commercial purpose or for the benefit of third parties in any way.
- Take information from this website, such as texts, signature, artist's name, images, etc., and use it for commercial purposes.
- Violate any national or international laws or applicable regulations.
Considering the above prohibitions, Yamile Orozco Art reserves the right to investigate and process violations of these general prohibitions regarding the use of the Website, as well as violations of the copyright of the artist Yamile Orozco, according to the corresponding Colombian regulations.
Subsequently, Yamile Orozco Art may cooperate with authorities in judicial processes against users who fail to comply with these general Terms and Conditions of Use.
As a user, you acknowledge that Yamile Orozco Art has the right to control your access or use of the Website, either permanently or temporarily, to ensure compliance with these Terms and Conditions, or to comply with applicable law or the order or request of a judge, administrative entity, or other relevant government authority.
8. ACCESS TO THE YAMILE OROZCO ART WEBSITE
We do not guarantee the compatibility of our Website with the user's equipment or telecommunications software and connection that they may use to access the services offered by the company.
9. ACCEPTANCE OF TERMS AND CONDITIONS – MODIFICATIONS.
By making a purchase on this website or using its services, the client or user affirms that they have read and accepted the Terms and Conditions.
Yamile Orozco Art may make changes to the Terms and Conditions as it develops or incorporates new products and services on the site or for internal business reasons. These changes will apply to purchases made by new users or clients. If a previously registered user continues to use the services offered, they agree to the new terms.