Scope and Subject Matter

By accessing or using our website, placing an order, or engaging in communication with AHMED ALOSAIMI, you agree to be bound by these Terms and Conditions. These terms apply to all visitors, users, and customers of the website.

A. Contracting Party

The services and products (Original Artworks) are provided by, and you are contracting with:

• Name: AHMED ALOSAIMI
• NIE: Y8192260L
• Address: Barcelona, Poblenou, Spain (Full address available upon request for legal purposes)
• Email: info@ahmedalosaimi.com

B. Applicability

These General Terms and Conditions (GTC) apply exclusively to all business relations between AHMED ALOSAIMI and the Customer. Any conflicting or differing terms provided by the Customer shall not apply unless expressly agreed upon in writing.

C. Business to Business & Business to Consumer

Our services and artworks are available to both individual collectors (B2C) and business entities (B2B).

Intellectual Property and Copyright

• Artist Retains Copyright: Even after purchase, the artist retains all copyright and reproduction rights of the artwork.
• No Reproduction Rights: The buyer owns the physical artwork only and may not reproduce, print, or distribute it without written permission.
• Portfolio Use: The artist may use images of sold artworks for marketing, portfolio, and promotional purposes.

Usage Rights and Artistic Integrity

• Grant of License: The purchase of the artwork grants the buyer a non-transferable right to display the piece for personal use only.
• Integrity of Work: The customer is not permitted to modify, alter, or manipulate the artwork in any way, nor remove the artist’s signature or identification marks.
• Promotional Rights: The artist reserves the right to use anonymized images and data regarding the sold artwork for product improvement, portfolio development, and marketing analysis.

Conclusion of Contract and Ordering Process

• A. Contract Conclusion: The contract is officially concluded when the Customer completes the checkout process on the website and receives an automated order confirmation via email.
• B. Payment Terms: All orders must be paid in full at the time of purchase. AHMED ALOSAIMI is not obligated to ship or deliver any artwork until the payment has been successfully processed and confirmed.
• C. Order Refusal: We reserve the right to refuse or cancel any order at our discretion (e.g., due to pricing errors, unavailability of a unique artwork, or shipping restrictions). In such cases, a full refund will be issued.
• D. Contract Fulfillment: For physical artworks, the contract is considered fulfilled once the item is delivered and the 14-day legal withdrawal period has expired. For digital services, the contract is fulfilled upon delivery of the digital file.

Pricing, Payments, and Orders

• Pricing: All prices are final at the time of purchase. Prices are subject to change for future listings; however, once an order is confirmed, the price is locked.
• Order Acceptance: We reserve the right to refuse or cancel any order at our discretion (e.g., due to pricing errors or unavailability of a unique artwork).
• Payment Security: Payments are processed securely via trusted third-party providers (Squarespace Payments and PayPal).

Shipping, Risk, and Liability

• Risk of Loss: Risk transfers to the customer once the artwork is handed to the carrier.
• Shipping Address: Customers are responsible for providing correct shipping information.
• Delays: We are not responsible for delays caused by carriers, customs, or force majeure events.
• Insurance & Damage: All artworks are professionally packed and insured during transit. If your order arrives damaged, please contact us within 48 hours with photographic evidence.

General Conditions

• Prices & Taxes: All prices include applicable VAT (IVA) in Spain.
• Payment Methods: Payments are processed via credit/debit cards and PayPal before delivery.
• Delivery: Physical artworks are shipped within 10 business days. Digital products are delivered instantly after payment.
• Right of Withdrawal: Customers have 14 days to return physical products. Digital content is non-refundable once accessed.

Customer Obligations

• Accuracy of Information: The customer must provide accurate and complete information (name, shipping address, and email) during the checkout process.
• Payment: The customer agrees to pay the full price of the artwork and any applicable shipping fees before delivery.
• Lawful Use: The customer has the right to display, photograph, and resell the original physical artwork. However, the customer agrees not to reproduce, copy, or create derivative products (such as prints or merchandise) from the artwork for commercial sale without the artist’s written consent.

Warranty and Condition

• As-Is Condition: The artwork is provided "as is" in its original artistic condition at the time of purchase.
• Color Accuracy: We strive to ensure that the artwork matches the reality; however, slight color variations are natural and expected due to monitor calibration differences.
• Quality Commitment: Every care is taken to ensure that the physical piece you receive reflects the true essence and appearance of the work as displayed.

Data Protection and Confidentiality

• Privacy Compliance: All personal data provided during the purchase process is handled securely and in accordance with Spanish and EU data protection laws (GDPR).
• Confidential Communications: Any private negotiations, custom commission details, or personal information exchanged between the artist and the customer are treated as confidential and will not be disclosed to third parties without consent.
• Authorized Disclosure: Confidentiality does not apply to information required by law, tax authorities (e.g., for invoicing), or professional advisors (e.g., accountants and legal counsel).

Liability

• A. Limitation of Liability: AHMED ALOSAIMI is liable for damages according to statutory provisions in cases of intent or gross negligence. In all other cases, liability is limited to the foreseeable damage typical for this type of contract.
• B. Service & Shipping: We are not responsible for indirect damages, shipping delays caused by carriers, or incorrect delivery due to inaccurate information provided by the customer.
• C. External Factors: Liability is excluded for circumstances beyond our control (Force Majeure), such as natural disasters or global transport strikes.

Account Responsibility

If you create an account, you are responsible for maintaining the confidentiality of your login details and all activities under your account.

Termination

We reserve the right to suspend or terminate access to our website at any time if these terms are violated.

Changes to Terms

We may update these Terms at any time. Continued use of the website means acceptance of the updated terms.

Right of Modification

• Service Updates: The artist reserves the right to modify the website’s features, technical setup, or presentation of artworks to reflect artistic or technical progress without prior notice.
• Amendments to Terms: These Terms and Conditions may be updated periodically. Your continued use of the website or placement of an order after such changes constitutes acceptance of the new terms.
• Notice of Significant Changes: For ongoing commissions or subscriptions, any material changes to these terms will be communicated via email or a prominent notice on the website.

Miscellaneous

• Subcontracting: The artist is entitled to use third-party service providers (e.g., shipping carriers, professional packers, or payment processors) to fulfill contractual obligations.
• Language and Translations: These Terms and Conditions may be translated into other languages for convenience. In the event of any discrepancy or ambiguity, the English and Spanish versions shall prevail and be the legally binding versions over any other translations.
• Severability: Should any provision of these Terms be found ineffective or invalid by a court, the remaining provisions shall remain in full force and effect.
• Written Form: Any specific amendments or side agreements to these terms must be confirmed in writing (via email) to be valid.

Governing Law

These Terms are governed by the laws of Spain and applicable European Union regulations.