Terms & Conditions
Use of the Website
Registering, placing an order
Description of Products and Accuracy of Information
Passing of Property
Cancellations and Returns Procedures
Third Party Links
Representations and Warranties and Limitation of Liability
In compliance with the duty of information provided in Law 34/2002 on Services of the Information Society and Electronic Commerce (LSSI-CE) of July 11, 2002, the following general information data of this website are provided below :
Welcome to the smproartshop.com website (the “Website”).
SM Pro Art Circle S.L.U. (“SM Pro Art”, “SM Pro Art Shop”, “we”, “us” or “our”) provides the products and services available on the Website. Your use of this Website is governed by the Terms and Conditions set out below. By using any part of this Website, completing your customer registration with us and/or placing an order on the Website you agree to be bound by the Terms and Conditions which forms a contract between you and us.
In order to guarantee in full the rights of consumers and users of the Website, these General Conditions are established in accordance with the provisions of Spanish law, and in particular Law 7/98 of April 13th, General Conditions of Contracts , Law 7/96 of January 15th of Ordination of Retailing Commerce, Civil Code, Directive 2000/31 EC of the European Parliament and of the Council of June 8th, Law 34/2002 of July 11th on information society services and e-commerce, Royal Legislative Decree 1/2007, of November 16th , approving the Consolidated Text of the General Law for the Defence of Consumers and Users and other applicable laws and its regulations of development.
Identification of the offerer - About SM Pro Art Circle S.L.U.
SM Pro Art Circle S.L.U., with its registered office in Barrio El Mesón, 5 Block 2, 3ºK, 39730 Beranga, Cantabria - Spain and CIF B-39.812.334, and registered in the Companies Registry of Cantabria (Volume 1099, Folio 36, Section 8, Sheet S-29659, Inscription 1st), is the company that provides the articles and operates the services of the SM Pro Art Shop website.
About the Website
We endeavour to ensure that the availability of the Website will be uninterrupted and that transmissions using it will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to the Website or parts of it may occasionally be suspended or restricted to allow for repairs, updates, maintenance or the introduction of new facilities.
The user of the Website will have the right to a free access to the public information collected in it, although SM Pro Art Shop reserves itself the right to restrict access to information, promotions and special offers to its registered customers.
Any user accessing the Website has the right to register himself as a customer and can avail the special offers for the group of registered customers if he meets the specific conditions of the offer specified for each product.
SM Pro Art declares that the content of the Website is exclusively aimed at an audience over 18 years old.
To be eligible to purchase products on this Website and to lawfully enter into and form contracts on this Website, you must:
Register to use the Website;
Be 18 years old or older;
Be the holder of a valid debit/credit card.
You, the user, warrant that the personal information which you are required to provide when you register as a customer is true, accurate and current in all respects. If your personal information changes then please notify us immediately by updating your information through the prompts on the Website.
You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use and declares to know that all personal data provided by customers fraudulently or falsely may be considered as a crime of falsification of commercial documents.
The contract between you and us shall be concluded and interpreted in Spanish.
If you wish to place an order for any of our products you must enter your personal data and / or register as a customer.
If you choose to register, you will be guided through this process by a series of simple instructions on the Website. You must keep the password used as a result of this process confidential and you must not allow anyone else to use your password.
SM Pro Art Shop is exempted from any liability derived from the incorrect use or negligence of the clients, in the fulfilment of their obligation of care and confidentiality of their access codes.
Your registration does not imply any acceptance by us of your details and does not imply that we will accept you as a customer or that the orders that you place will be accepted.
Placing an order
Please pay special attention to this Terms & Conditions and payment and delivery conditions specified for the purchase of each product and service.
When you have placed all the products you want in your Basket and want to place your order you will be guided through the process of placing an order by a series of simple instructions on the Website.
The Basket will initially show you the selected products along with the local delivery cost.
In the next step we will ask you for your personal data. If you are not previously registered, you can choose to register as a customer or just give the data for the purchase you are making. If you choose this second option remember that every time you want to make a purchase you must enter your data again.
In the next step you must select the Delivery Zone from the options presented to you. For more information about this, see DELIVERIES below. If you have any questions write to email@example.com
The next step is to select the method of payment. You can make payment only by any of the methods specified there. For more information read PAYMENTS below.
The next-to-last step will be the review and confirmation of the order.
When you formalize the order, through the corresponding menu option on the Website, it will be clear that you have given your consent for the validity and effectiveness of the contract that binds the parties.
You will have also accepted these general conditions and the particular ones of each product.
In the case of goods that are produced by order, when you accept the order, you have also agreed to proceed with its production and / or printing.
Remember that this request for production and / or printing means a Service Contract prior to the contract of sale of the product. The cost of this Service Contract is included in the price of the product and is valued, for all purposes, at 20% of the total price of the same.
The date of formalization of the order will also be the date of conclusion of this Service Agreement.
SM Pro Art Shop will electronically store your order.
Once you have placed your order, we will send to you an acknowledgement by email providing you with a customer order number, the detail of the products, and the value of your order.
This is not an order confirmation or order acceptance from SM Pro Art Shop.
If you have opted for payment by bank transfer, after the Acknowledgment of Receipt, we will send you another email with the account details and instructions so that you can make the payment. Your order will remain in pending status until we receive the bank transfer correctly or after 14 calendar days in which case it will be considered abandoned. Once the payment is confirmed the order will be reactivated and will follow the course of the orders paid by any of the other methods of payment.
Unless we have notified you that we do not accept your order or you have cancelled your order in accordance with the Cancellation and Returns Procedures set out below, our acceptance of your order and the completion of the contract between you and us will take place when you receive an email from us notifying you that we have accepted your order and will proceed to despatch the products ordered by you. We will also send you a separate email following the confirmation and despatch email with the VAT detailed invoice and receipt.
Our acceptance of your order will be deemed complete and received by you at the time and date of sending of the email, which time and date is specified on the email. The deemed time and date of receipt by you shall apply regardless of whether, for reasons outside our control, you have not received that email.
From our acceptance of your order and depending on the place of delivery, estimate around 28 days for delivery (although delivery of framed prints or artworks may take longer (see Deliveries below). If you are outside the territory of the European Union, please note that your order may suffer delays, which we cannot anticipate or handle, at the respective customs offices.
If you do require any information regarding your order(s) please email firstname.lastname@example.org.
We may not accept your order if an item you have ordered is out of stock, we are unable to obtain authorisation for your payment or if we identify a product or pricing error. We reserve the right to reject any offer to purchase by you at any time.
If we are unable to fulfil your order following our order acknowledgement and prior to rejection of the order, we will contact you by email, post or telephone advising you of this. See Cancellation and Returns Procedures below.
The last step will be the payment.
All prices indicated for the products available through our website include V.A.T. (if applicable) at current rates, unless otherwise stated, and exclude shipping costs, surcharges for the method of payment used and customs or import duties that may be payable.
SM Pro Art is not responsible for the payment of any customs or import duty that must be paid on any ordered product.
The total cost of your order is the price of the products ordered, plus the V.A.T. (if applicable), the shipping costs and the charges for the method of payment (*) that will be displayed once you have entered your delivery address and selected the method of payment and before the end of the purchase with your confirmation.
Payment can only be made by any of the methods specified on the Website.
(*) Surcharges by payment method:
Visa or Mastercard: there are no surcharges.
Paypal: has a surcharge of 3%. This will be added before you complete the payment and confirm the purchase.
Bank Transfer: The total price of your order is the amount that we must receive in our bank account. You are responsible for 100% of the costs of the transfer that your Bank and the correspondent Bank charge you. Therefore only your bank can inform you of the cost of the transfer.
You confirm that any credit or debit card you use to buy products through the website is yours.
All credit / debit cards and payments will be processed by our financial agent and are subject to validation and authorization checks by the issuer of the card. If the issuer of your payment card, for any reason, refuses to authorize the charge or does not authorize payment, we will not be responsible for any delay or non-delivery.
If you have chosen to pay by bank transfer, we will send you by email the account details and payment instructions.
Your order will remain in pending status until the payment has been completed and is credited to our bank for the correct amount.
International Bank transfers are usually delayed; therefore we request that you send us an e-mail confirmation of your completion and a copy of your Bank's receipt. That way we will know that your order is still active even if we have not received the transfer.
Orders that use as payment method Bank transfer will be considered desisted if after 14 calendar days we have not received the payment or, at least, the mail mentioned in the previous point.
Once the transfer has been received and confirmed, the order process will be started.
Once we have verified that the entire process of the order and payment is correct, we will send you an email where we will confirm the order and notify the delivery of the products to the address indicated by you.
Delivery times will depend on the destination of the products and these will be:
Within Spain & Portugal: Sent via Spanish Correos, Spanish Correos Express or courier service where applicable. Please allow up to 3 working days.
Europe and US/Canada: Sent via Spanish Correos or International courier service. Please allow up to 7 working days.
Rest of world (except Brazil): Sent via Spanish Correos or International courier service. Please allow up to 10 working days.
Brazil: We don't ship to Brazil due to 150% import taxes. If you do want to purchase an artwork and ship it to Brazil, please contact email@example.com
The price for delivery will be made clear to you during the Checkout process when you choose the zone of destination (*).We will control this selection with the delivery address informed, please choose the right option and avoid delays or inconveniences.
Due to the busy nature of limited period offers and Christmas sales, delivery can take longer so please allow up to 5 extra working days for any items bought at these times.
SM Pro Art is not responsible for additional delays arising in Customs procedures in the country of destination.
High value prints and editions may take up to 28 days to deliver. Please allow extra days for these items.
Any delivery timescales quoted to you are indicative only. Orders may be delivered in one or more delivery, and will often be despatched when they are ready to be sent to you. You will be charged our delivery charges accordingly. Your products are insured up to the point of delivery. Upon delivery they become your responsibility.
SM Pro Art does not accept any liability whatsoever for delayed delivery caused by any third party (including without limitation any delays which may be caused by any fulfilment houses which we may use). As soon as you have received the products, you will assume all risk in the products, as already mentioned above.
You can inquire about how to exercise your right of cancellation; request any cancellation, return or formalize a complaint to the correct place of our business, reading the General Conditions and Right of Withdrawal.
If you have any queries relating to delivery, please email us on firstname.lastname@example.org.
Delivery Spain & Portugal
Peninsular Spain & Portugal, Andorra, Baleares Islands, Ceuta and Melilla.
Canary Islands, Portuguese island territories + Austria, Belgium, Denmark, France, Germany, Greece, Ireland, Italy, Luxembourg, Monaco, Norway, Sweden, Switzerland, The Netherlands, Unted Kingdom.
Albania, Belarus, Bosnia - Herzegovina, Bulgaria, Czech Republic, Cyprus, Croatia, Estonia, Faroe Islands, Finland, Greenland, Hungary, Iceland, Kosovo, Latvia, Liechtenstein, Lithuania, Macedonia, Malta, Moldova, Montenegro, Poland, Romania, Russia, Serbia, Slovakia, Slovenia, Ucrania and Algeria, Morocco, Tunisia and Turkey.
All countries of America (except Brazil)
Middle East, Asia and Oceania (except Australia and New Zealand)
Australia and New Zealand
Countries in Africa not included in other zones.
We will take all reasonable care to ensure that all details, descriptions, depictions and prices of products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including product descriptions, depictions and availability appearing on the Website at a particular time may not always reflect the position exactly at the moment you place an order. In particular, please note that colours as they appear on-screen may not be representative of the colours as they actually appear on products. To the extent permitted by applicable law, we do not warrant that product descriptions, depictions, colours, availability details or other content available on the Website are accurate, complete, reliable, current, or error-free.
We cannot confirm the price or availability of a product until your order is accepted in accordance with our order acceptance policy set out above. Price is subject to increments without notice as the edition sells through.
We will retain the legal ownership of the products until full payment has been made by you and such payment has been received by us. Legal ownership of the products will immediately revert to us if we refund any such payment to you.
The risk in the products will be covered until delivery to you. You will be responsible for them once you have signed your receipt. Check in detail that the products you receive are in perfect condition before confirming it and signing the delivery note.
Upon receipt of the products you must inspect the products and you will be deemed to have accepted the products unless you notify us that you have cancelled the order and/or you return the products in accordance with the Cancellation and Returns Procedures. If no such action is taken, we shall not be obliged to accept any rejection of the products at a later date.
If you have not received the entire order as detailed in the order Confirmation email sent to you before, please email us to email@example.com .
Your statutory rights are not affected.
We indicate below how to proceed with a cancellation, desist or return of products and / or services that we have purchased or contracted.
If you wish to cancel your order for a product before it has been despatched, please email firstname.lastname@example.org . Please provide your customer order number and the date of your order in this email. Your order will be cancelled and the amounts paid will be refunded using the same means of payment used by you.
You may desist your purchase at any time within fourteen days after:
- Contract a service (as long as it has not been provided)
- Delivery of the product.
In the event to desist a Service Contract: If you desist within 14 days after you have contracted (as long as the service has not been provided), the entire amount paid by you will be refunded using the means of payment you have used.
To exercise this right you must send us an email to email@example.com clearly indicating the order number, your customer data and the service you wish to give up.
Please note that when you contract a service with us, we must make reservations, subcontracts, contracts or commitments with third parties that allow us to fulfill the service you required. Therefore, if the notification is made outside the aforementioned deadline, and before the service is started, we will refund you the amount paid deducting the cancellation costs mentioned in the description of each product.
Please note that if, for any reason, what you want to return is a product bought from us you may cancel your order within fourteen days after delivery (starting the day after you receive the products). To exercise this right you must give us notice by email before the end of the period and you must return the products to us in accordance with the steps for return set out below. Your cancellation right applies to any products you order from us, except for personalised products (such as prints framed to your specification) and to any digital items, unless there is an error on our part or because a product is damaged or defective.
In the case of artworks that are produced on demand, if your withdrawal is notified to us within 14 days of receipt of the product but outside the period of withdrawal of the Production Service Contract, you will be refunded the amount you have paid for the product by deducting the cost of production mentioned above (20% of the total price of the artwork).
Orders are generally processed immediately (although please do allow 28 days for delivery once we have accepted your order, as referred to above) so we may have already prepared your order and arranged for it to be despatched (if it has not already been despatched). As a result, we may not be able to stop the order from being sent. If this is the case, once you receive the products you will have to return them to us in accordance with the following returns procedure, which also applies to all products which you have received and you would like to return:
As a general rule you should thoroughly review the products when they arrive at the delivery address and before signing the agreement on the delivery note.
If you find any abnormalities such as the products that are damaged, do not correspond to the products ordered, there is an error in the quantity, or in general something has not gone as it should, you should:
- Reject in full the delivery of the order or,
- Receive it clearly indicating in the delivery note the state in which it has received it.
In all cases you must put this circumstance in our knowledge within a maximum period of 48 hours by sending us an email to: firstname.lastname@example.org.
To proceed with the return of products received, here are the steps to follow:
Returns - Step 1.
Email us to email@example.com within the above time limits. Please provide full details of the customer order number and the products which are being returned. We will then email you with a returns number and Returns Form. Any notice given by you after the time limits shall not be effective to entitle you to return your products or receive a refund. Please note that we cannot accept returned products which have been personalised or which we reasonably believe have been used.
Returns - Step 2.
Once you have contacted us and have a returns number, please complete the Returns Form we have provided, including a brief description of the products being returned, original customer order number and returns number. Please retain the Customer Copy of the Returns Form for your records.
Returns - Step 3.
Return the products, properly and securely packaged, to the following address by recorded delivery:
SM Pro Art Circle S.L.U.
Bº El Mesón, 5 – Bloque 2 – 3º K
39730 – Beranga – Cantabria
You must take reasonable care to ensure returned products are received by us and are not damaged in transit, bearing in mind the nature and value of the product. SM Pro Art accepts no liability if you return products by any method other than a recorded delivery method (one that requires a signature upon receipt). In any event, SM Pro Art accepts no liability in respect of returned products unless and until such returned products have been received by us in their original condition and in their original packaging, and which we reasonably believe have not been used. Please make sure that the returned package is properly secured, that you have enclosed the necessary Returns Form and the original despatch note which was included in the delivery to you.
You must retain the recorded delivery receipt for your own purposes in order to provide proof to us that you have returned the products by recorded delivery. This will be required by us only in the unlikely event that the products are not successfully returned despite being sent by recorded delivery.
Returns - Step 4.
After the returned items have arrived at our Returns Department, they will be examined and the appropriate refund will be calculated.
You are entitled to reject the products if there is an error on our part or because any product is damaged or defective and we will refund you:
the price you paid for the products which you have returned to us (inclusive of the initial delivery charge, or if part of a larger order, the standard per item delivery charge); and
the return recorded delivery costs for the return carriage of the product from the original delivery point to SM Pro Art (as long as it includes: a copy of the delivery note that includes the reservation made by you of the defect recognized in the product and a valid invoice or receipt indicating such return and registration of delivery costs).
In all other instances, if you return products in accordance with our above returns procedures then we will refund you the price you paid for the products that you have returned to us (inclusive of the initial delivery charge, or if part of a larger order, the standard per item delivery charge), but we will not refund the return recorded delivery costs for the return carriage of the products to our Returns Department.
Please note that we cannot accept returned products that are not in their original condition and in their original packaging, or which we reasonably believe have been used. In such circumstances, no refund will be available, and you will be responsible for arranging for such products to be returned to you within 28 days of our notification to you that we will not process a refund in respect of such products.
Returns - Step 5
We will process the returned products and any applicable refund within 30 days after receipt them and your notice of cancellation.
We will process the applicable refund and notify you by email when your refund has been processed.
We will refund any such applicable refund by crediting your credit/debit card (as applicable).
If you cancel your order but do not return such products to us within 21 days we shall be entitled to recover such products from you and to charge you for the direct costs of recovering such products. You should note that these charges (which may be deducted from any refund) could be greater than the cost of you returning the products to us and may exceed the price you have paid for the products. Until such products are returned to us, you are obliged to exercise all reasonable care to store the products safely and in appropriate conditions
Your statutory rights remain unaffected by our Cancellation and Returns Procedures.
If you wish to complain about any matter in respect of the products or our services please email us to firstname.lastname@example.org
Any products and services, and any samples thereof, we may provide to you are for personal, non-commercial use only. You may not sell or re-sell any of the products or services, or any samples thereof, that you receive from us. Note further than any samples which may be provided may not necessarily be fully representative of similar products.
All content available on the Website and/or forming part of or on the products depicted or made available by means of the Website, including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation thereof (the “Content”) is the property of SM Pro Art Circle SLU, our affiliates, our partners or our licensors, and is protected by Spanish and international copyright and other similar laws.
The names (including any artists names), trade marks, logos, and service marks displayed on the Website and/or forming part of or on the products depicted or made available by means of the Website (collectively, the “Trade Marks”) are the registered and unregistered marks of SM Pro Art Circle SLU, our affiliates, our partners or our licensors, in Spain and other countries, and are protected by Spanish and international trade mark and similar laws. All other Trade Marks not owned by us, our affiliates, our partners or our licensors that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
Except as set forth in the Limited Licence section below, or as required under applicable law, neither the Content, the Trade Marks, nor any other portion of the Website or any of the products depicted or made available by means of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent.
We grant you a limited, revocable, and non-exclusive licence to access and make personal, non-commercial use of the Website. Please note that you may not frame or utilise framing techniques to enclose the Website or any portion thereof without our prior written consent.
The limited licence set forth in this section does not include the right to:
modify or download the Website or its contents (except caching or as necessary to view content);
make any use of the Website, the products depicted or made available by means of the Website or their Content other than personal, non-commercial use;
create any derivative work based upon either the Website, the products depicted or made available by means of the Website or their Content;
collect account information for the benefit of another party;
create any hypertext link to any part or parts of the Website;
use any meta tags or any other “hidden text” utilising our name or the Trade Marks without our express written consent; or
use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
Without prejudice to any other remedy provided by applicable law:
any unauthorised use by you of the Website or contrary or in breach of these Terms and Conditions terminates the limited licence set forth in this section;
you must not use the Website in any way that causes, or is likely to cause, the Website or access to it be interrupted, damaged or impaired in any way;
you must not use the Website for fraudulent purposes, or in connection with a criminal offence or other unlawful activity;
to send, use or reuse any material that is illegal, offensive, abusive, distasteful, defamatory, obscene, indecent, blasphemous, menacing or controversial, or which infringes any party’s intellectual property rights or right to privacy, or which constitutes or contains software viruses, commercial solicitations, chain letters, mass mailings, or any form of “spam”, or which is for any campaigning or annoys, inconveniences or causes any needless anxiety.
We are not responsible for the content of any off-Website pages or any other websites linked to or from the Website. Links appearing on the Website are for convenience only and are not an endorsement by us, our affiliates, our partners or our licensors of the referenced content, product, service, or supplier. Your linking to or from any off-Website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-Website pages or any other websites linked to or from the Website, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy statements and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-Website pages and other websites that you visit.
If you make a Presentation, you represent and warrant that you own or otherwise control the rights to your Presentation. You further represent and warrant that such Presentation does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Presentation. You agree to indemnify us for all claims arising from your claims to any rights in any Presentation.
The Website is presented “as is”. We make no representations or warranties of any kind whatsoever, express or implied, in connection with these terms or the Website, including but not limited to warranties of satisfactory quality, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.
You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort or otherwise), under any circumstances, for any:
interruption of business;
access delays or access interruptions to the Website;
data non-delivery, misdelivery, corruption, destruction or other modification;
loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the Website;
computer viruses, system failure or malfunction which may occur in connection with your use of the Website, including during hyperlink to or from third party websites;
any inaccuracies, omissions or misleading, false or deceptive statement in the content; or
events beyond our reasonable control.
Further, to the fullest extent permitted by law we will not be liable for any direct, indirect, special, incidental, or consequential damages of any kind (including lost profits or loss of expectation or loss of business opportunity) related to the Website regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages.
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable legal fees, resulting from any third party claim, action, or demand resulting from your use of the Website outside of and/or in breach of these Terms and Conditions. You also agree to indemnify us for any loss, damages, or costs, including reasonable legal fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
Your use of this Website and any purchase by you of any products from SM Pro Art Shop shall be governed by Spanish law and the parties here to submit to the exclusive jurisdiction of the Spanish courts.