Due to the contingency, our delivery times may be postponed. We want you to receive your purchase as soon as possible. Please note that, depending on the item you have purchased and the area of your country, will be the time it will take for delivery.

Thanks for your patience.

The following agreements describe the general terms and conditions for placing orders online between Us (THE ARTIST) and You (THE CUSTOMER), as well as the rights and obligations of the Parties.

THE CUSTOMER accepts and agrees to these terms and conditions by purchasing any artwork displayed or shown on the site www.damianlescas.art, and acknowledges that he/she has read, understood and accepted the terms and conditions.

The mere visit of this site does not impose any obligation, unless you have expressed unequivocally and through positive acts, your willingness to purchase certain goods, in the manner indicated in these terms and conditions.

Sales made through www.damianlescas.art, are considered a public act and your participation is voluntary.

These terms and conditions are subject to current legal regulations and may be subject to constant modification without prior notice.

The online ordering application must be used only by persons over the minimum legal age permitted by law.

The intention of THE ARTIST is to show the artwork on the digital platform for sale, as accurate as possible, although it is possible that the colors are not exactly the same or that there are slight variations in colors or measurements and even slight deformations in the image. Artwork is understood as: oil paintings, engravings, carvings, sculptures, etc., all produced by the artist Damián Lescas or Damián Eduardo Lescas Méndez.

Online sales may include content, information or links to third parties or third party websites. THE ARTIST is not responsible for the content of such websites, the content of any third party promotion or sponsorship or for compliance with these regulations. Links may be accessed at the user's own risk, and THE ARTIST makes no representations or warranties as to the content, completeness or accuracy of these links or web pages that reference this online ordering application. You agree to hold THE ARTIST harmless from any liability resulting from your use of information from third parties or your use of any third party website.

By making an online purchase, you acknowledge and agree that your use of the application and/or the online ordering process is at your own risk and to the fullest extent permitted by applicable law, in no event shall we be liable for any direct, indirect, incidental, special, consequential or punitive damages, losses, costs or expenses, nor for loss of profits, as a result of the use or inability to use this online shopping application and/or any application and/or material on any site linked to this online shopping application (including, without limitation, viruses or other bugs, defects or malfunctions in computer transmissions or network communications).

If you are in any doubt and do not know whether the software service/software program to be used and/or downloaded is suitable for your computer, we recommend that you seek expert advice before using and/or downloading it.

If you decide to make an online purchase, you will need to provide full contact details and/or create an account and may be required to accept cookies. You are responsible for maintaining the confidentiality of your personal data, password and payment details. You agree to take full responsibility for all your activities in connection with online orders (application).

THE ARTIST reserves the right to suspend the online sales service if it is noticed that these Terms and Conditions are being violated.

Purchases are subject to the availability of stock published for each product.

THE ARTIST may, but has no obligation to remove any content or accounts that it determines in its sole discretion, may be illegal, offensive, threatening, obscene or in violation of intellectual property rights, terms and conditions or privacy policies.

You may not assign, sublicense or otherwise transfer your rights set forth in these Terms and Conditions. If any provision of this Agreement is and/or becomes invalid, illegal, ineffective or unenforceable, this shall not affect the validity or enforceability of the other contractual provisions, which shall continue to be valid and produce legal effects as if the invalid, illegal, ineffective or unenforceable provision would not have been part of this Agreement.

Any attempt to alter, delete or modify these terms and conditions by the customer shall be deemed a material alteration to this agreement and, accordingly, shall be null and void.

Terms and Conditions of Purchase

You acknowledge and agree that the online prices shown are subject to change without notice. They do not include applicable taxes.

When making a purchase in www.damianlescas.art, you will receive an email confirming the purchase with the information of the operation.

The customer agrees to examine the artwork in detail, to look for possible defects and to determine variations in the fundamental characteristics of the description of the artwork before its acquisition.

THE ARTIST reserves the right to refuse any purchase, to remove or edit any content, or to accept its offers at its sole discretion and without prior notice.

All works published by the artist, are subject to "if available" and shall be deemed sold to the buyer who makes the respective payment.

The CLIENT will additionally pay the shipping costs for delivery of the artwork. Please note that prices and shipping restrictions are variable, depend from one location to another.

The online order once placed can no longer be modified or cancelled through the website or offline. In any event, if you wish to cancel or complain about your order, please email the ARTIST, details of which are included in this notice and we will endeavor to assist you.

THE ARTIST cannot refund money from orders paid online.

In the event that you require an invoice, you must request it using the contact form on this platform.

Form and delivery time

Once the payment of the artwork is received, THE ARTIST will start the arrangements for the shipment of the artwork.

• • National shipments are made from 5 to 7 working days from the confirmation of your purchase.
  • International shipments take 2 to 3 weeks from the confirmation of your purchase.
  • When you select your payment method, the shipping cost will be calculated.
  • Domestic shipments will not have an additional cost from $15,000.00. (Valid from November 01, 2021 to January 15, 2022).

We will do our best to deliver the purchases, however, the delivery time may be affected by adverse weather or transit conditions or even restrictions from any authority. In this way we can protect the safety of our couriers. The parcel or delivery service may be temporarily suspended in selected areas due to bad weather or unforeseen circumstances, force majeure, pandemics, judicial or administrative orders, among others, without these acts can be considered attributable to the ARTIST or grounds for termination.

THE ARTIST disclaims any cost or liability once the artwork or artworks have been deposited in the parcel and shall be considered as if delivered to the customer personally in good condition.

The risk related to the delivery of purchases shall be assumed by the Customer.

The Customer undertakes to provide a valid address where the order can be delivered.

In the event that the customer provides an address that cannot be located by the courier, any additional costs will be covered by the customer.

The consignee will be responsible for all import charges and taxes incurred at the destination customs, whether or not the goods are delivered to the consignee.

Shipping charges are based on weight, dimensions and delivery destination.

Orders for large or bulky items are subject to additional shipping charges and delivery time may vary.

In the event that a customer purchases several works of art, THE ARTIST may determine the form of packaging, which may be partial or total.

In the event that the delivery of the goods is not possible because the customer is not at the shipping address, the customer shall bear the cost of unsuccessful delivery.

Payment Methods

Credit or debit card

Credit and debit cards are accepted: Visa, Mastercard, American Express.

The system will ask the customer for the card number, expiration date and security numbers on the back.

The purchases you make through our website are completely secure as your personal and bank details will not be accessible to unauthorized persons at any time during the process.  

Anti spam mail rules

It is possible that the mail server where the customer has his email address has a strict anti-spam policy and does not accept our emails, so that the customer can´t receive it for reasons beyond the ARTIST. In this case, the customer is obliged to check his spam folder.

Clarifications

THE ARTIST:

1.  Is not responsible for additional expenses as a consequence of special destination taxes, customs or similar.

2.  It is not responsible for the consequences or possible damages that may have been caused to that user / customer as a result of technical failures occurred in the Internet server where the online sales platform is hosted, as they are totally beyond its control.

3.  In case of claims, the amount claimed shall in no case exceed the purchase price.

4.  Shall not be liable for the effects caused by strikes, war or other unforeseeable circumstances and / or beyond its control.

5.  Shall not be responsible for delays in customs clearance or confiscation of any item contained in a shipment by local authorities.

6.  It reserves the right to refuse an order paid by any means of payment if it is considered suspicious or fraudulent. The refused payment will be returned in the form of the original payment within a maximum of 5 working days.

7.  It is not responsible for the time it takes for the means of payment or the bank to return the payment to your balance or to your original form of payment.

8.  Will not pay interest on returns or refunds under any circumstances.

9.  We reserve the right to change prices and offers at any time. If you have made a purchase of a product at the time of your offer, that will be the sale price.

10.  We reserve the right to change, modify and extend the conditions of purchase, without prior notice.

Privacy policy and data protection

THE ARTIST committed to the protection of your personal data, makes available the following link for consultation of privacy policies at www.damianlescas.art/en/legal.

Intellectual property rights:

All artwork sold through www.damianlescas.art, is protected by copyright and intellectual property. The ARTIST is the sole owner and proprietor of the Artwork and the rightful owner of all the copyrights of the Artwork for sale.

The CLIENT undertakes to respect those intellectual property rights of the ARTIST.

The artwork purchased is protected by copyright, and therefore any unauthorized use of the same shall be considered as a violation of those rights.

The CLIENT shall NOT:

A.  Publish, post, send, copy, download, distribute or transmit any text, graphics, files, images, software, music, databases, audio, video clips, information or other material of the ARTIST that infringes patents, copyrights, trademarks or other intellectual property rights or rights of publicity or privacy, according to national and international legislation in force.

B.  Use any of the particular elements of THE ARTIST's Website. Including, but not limited to: the screen, name, trademark, logo or other proprietary information or the layout and design of any page or form contained in the Website, among others, without express written consent.

C.  Use the work or works acquired as part of advertising or commercial advertisements in magazines, newspapers or any other means of mechanical or digital printing, as an element of design, printing, projection or distribution by any other means intended for distribution by itself or by third parties. As part of promotional, advertising or marketing materials, including print advertisements, commercial mailings, brochures and commercial presentations.

D.  Authorize a third party to use the artwork or images of the artwork for industrial or commercial purposes.

E.  Share the images of the works of art through a network or any other means of dissemination.

F.  Use the images of the works of art as part of pornographic, obscene, immoral, defamatory or illegal material content, product promotion or production of material related to sensitive contexts or issues such as health problems, mental or other similar aspects.

The user shall indemnify and hold harmless ARTIST , its employees, directors and officers and all collaborators, from liability for any damages, liabilities and expenses (including attorneys' fees and costs allowed and authorized), arising from any claim brought by THE ARTIST or a third party in connection with the misuse by the CLIENT, of intellectual property rights or damages to third parties; as well as those arising from the breach by the user of this Agreement.

Returns and exchanges

Returns will only proceed in the event that you receive a damaged item or one that does not match your order, you must notify us within a maximum period of 48 hours after receiving it, sending an email to contact@damianlescas.art and return the work or works within a period not exceeding 2 days after communication with the ARTIST and this has accepted in writing the damage or error in the order.

If for any reason you need to return a work of art, you must email THE ARTIST to request the address to which the return should be made.

THE ARTIST reserves the right to accept the return in the event that the artwork is not in the condition in which it was delivered.

As soon as we receive it back, in perfect condition (if not damaged) and in its original packaging, you can decide if you prefer to be refunded the money or replace it with another of equal or higher price by paying the difference.

In cases where it is a weekend and it is unfeasible to meet this deadline, the confirmation email will be sent on the working day following receipt of the same.

THE ARTIST will have a period of 7 working days to prepare the new work to be sent. The refund of the amounts related to each of the cases will be made in the same way in which it was paid.

The shipping and return costs, including customs charges and local taxes in case of foreign countries, will be the responsibility of the ARTIST only when another work has been sent by mistake, otherwise it will be absorbed by the CUSTOMER.

You may decide to exchange your order for another work of equal or higher value, paying the difference or receive a voucher for the value of the amount of the returned work, to be exchanged within 1 year.

Discount codes

1.  The discount codes are valid exclusively at www.damianlescas.art during the period indicated upon receipt of the discount code.

2.  The discount code applies to customers who have received this code via email.

3.  The discount percentage can be applied only once, is personal and non-transferable.

4.  The discount percentage does not apply with other discount or coupon promotions.

5.  The discount percentage is applied on the total amount of the purchase, shipping cost is not included.

6.  Once the purchase is completed by applying the discount code, the benefit cannot be used again.

Jurisdiction and Submission Clause

Any questions of interpretation arising with respect to these terms and conditions shall be decided in the competent courts of the city of Oaxaca de Juarez, Mexico, by mutual agreement of the parties, expressly waiving any other jurisdiction or jurisdiction that may correspond to them.

The address for the proceedings, communications and notifications for THE ARTIST is the address indicated in this document, and for the buyer the address indicated by e-mail or, if applicable, the address indicated for the shipment or destination of the purchases in case the former is not indicated.

Attention to the client

For any clarification, incident or complaint, you can contact us by:

E-mail: contact@damianlescas.art

Prohibited activities

THE ARTIST rejects any kind of illegal activity or act of corruption, and reserves the right to restrict or terminate access to the website at any time.

Comprehensive website privacy notice

In compliance with the Federal Law on Protection of Personal Data Held by Private Parties, DAMIAN EDUARDO LESCAS MENDEZ, in the subsequent THE MANAGER, informs you that it is responsible for collecting your personal data, for the use that is given to them. and their protection.

The "User" may contact us at any time through my email contact@damianlescas.art, Phone number: 951-1190891. My office is located at 2da Privada de Jacarandas No. 103, Department 116, Col. San Felipe del Agua, Oaxaca de Juárez, Oaxaca.

The objective of this notice is to protect and safeguard your personal data to avoid damage, loss, destruction, theft, loss, alteration, as well as the unauthorized treatment of your personal data collected.

Personal information

The information requested from the user on the site www.damianlescas.art are: Full name, Contact telephone numbers, Postal Address, Email, Billing Information, Credit or Debit Card Information.

The information must always be true and complete. The user will respond at all times for the data provided and in no case THE MANAGER, will be a guarantor of the veracity of the same.

Processing of your personal data

We inform you that your personal data will be treated and protected based on the principles of legality, quality, consent, information, purpose, loyalty, proportionality and responsibility, enshrined in the Federal Law on Protection of Personal Data Held by Private Parties and their Regulation.

Purpose in the processing of your personal data:

We collect your personal data, so we request your consent through this Privacy Notice in order to use it for the following purposes:

1.  Contact users and potential customers when necessary to complete purchase procedures.
2.  To be able to perform ART WORKS SHIPPING services.
3.  Identify you as a client and provide the services contracted with us
4.  To contact you and send you relevant information regarding issues of the services provided.
5.  Inform about new products or services that are related to the one contracted or acquired by the client.
6.  To comply with obligations to our customers
7.  Report changes to our products or services
8.  Provide better customer service.
9.  Evaluate the contracted service

Cookies and their function

Cookies are small text files that identify your computer with our server as a unique user when you visit certain pages on our site and that are saved by your internet browser. Cookies can be used to recognize your internet protocol address, which saves you time while you want to enter our site. Your browser can be configured not to accept cookies, but this would restrict the use of our page, please accept our guarantee that the use of cookies does not contain personal or private data, and that they are free of viruses.

Means to limit the use or disclosure of your personal data:

Your personal data will be protected under strict administrative, technical and physical security measures which have been implemented in order to protect your personal data against damage, loss, alteration, destruction or unauthorized use, access or treatment.

Means to exercise your rights as the owner of personal data

As the owner of the personal data that is the object of this Privacy Notice, you may exercise your rights of access, rectification, cancellation or opposition (ARCO Rights), which are enshrined in the Federal Law on Protection of Personal Data Held by Private Parties and in its Regulations.

Access: You have the right to know what personal data we have about you, what we use it for and the conditions of use that we give it.

Rectification: It is your right to request the correction of your personal information if it is outdated, inaccurate or incomplete.

Cancellation: It is your right that we delete it from our records or databases when you consider that it is not being used properly.

Opposition: It is your right to object to the use of your personal data for specific purposes.

Process for the modification, revocation or limitation of the use of data

The user in exercise of their ARCO rights, must send a request that will contain the following minimum requirements: (i) Name of the Owner of the Personal Data; (ii) Email to receive notifications; (iii) Documents that prove your identity or, where appropriate, the legal representation of the owner; (iv) Clear and precise description of the personal data with respect to which the right is to be exercised. (v) Any other element or document that facilitates the location of personal data. In the event that the request does not satisfy any of the indicated requirements, you may be required within 5 days of receipt of the request to provide the elements or documents necessary to process it. You will have 10 days to attend to the request, if you do not respond within that period, the corresponding request will be considered not submitted.

The attention periods will be a maximum of 10 days from the date the request is received to communicate the determination adopted, so that, if it is appropriate, make it effective within the 15 days following the issuance of the response. In order to protect your confidentiality, the company will send the response to your request to the email you have provided for this purpose and will keep it available to the applicant at the address of THE MANAGER.

Acceptance of the terms

This privacy statement is subject to the terms and conditions of the website described above, which constitutes a legal agreement between the user and THE MANAGER. If the user uses the services of the website, it means that she has read, understood and agreed to the terms set forth above. It will be understood as TACCIT consent when the privacy notice is made available to the owner, it does not express his will to the contrary.

The refusal to use your personal data may not be a reason for us to deny you the services and products that you request or contract with us.

Changes to this privacy notice:

We reserve the right to make modifications or updates to this privacy notice at any time, to attend to new legislation or jurisprudence, internal policies, new requirements for the provision or offer of our services or products and market practices. These modifications will be available to the public through our website www.damianlescas.art, privacy notice section.

Authority

If the user / client considers that the rights regarding the protection of personal data have been violated, has the right to go to the corresponding authority to defend the exercise of it. The authority is the National Institute for Access to Information and Data Protection (INAI), its website is: www.ifai.mx.

Date of last update September 15, 2021.

By accessing www.damianlescas.art, you tacitly accept the terms and conditions of use. Damián Eduardo Lescas Méndez or Damián Lescas, owns the copyright and intellectual property, of a personal and patrimonial nature, of all the published material. It is not authorized: reproduce, duplicate, copy, distribute any published material or content, for any kind of purpose and even academic. We reserve the right to modify the terms, conditions and advertising and regulation policy at any time.

Signature at the end of emails

The information contained in this email, as well as that contained in the attached documents, may contain PERSONAL DATA, CONFIDENTIAL or PRIVILEGED INFORMATION, so its dissemination is the responsibility of the person who transmits them and who receives them. Modification, retransmission, dissemination, copying or other use of this information by any means, by persons other than the correct recipient is strictly prohibited.

If you are not the recipient, please notify the sender by replying to this message, and delete it, as well as its attachments, without retaining any copies.

We do not guarantee that this email or its attached files are free of viruses or other defects. The sender is not responsible for any damage caused by a virus that may be transmitted by this or any other email.

The recipient complies with the provisions of the Federal Law on Protection of Personal Data Held by Private Parties of the Mexican State, for more information see the Privacy Notice. http://www.damianlescas.art/en/legal/

Safety notice

If you have received an email from us that you did not expect, an order that you did not want to cancel has been canceled, you have been charged extra fees or have any other questions or concerns to share, please contact us via email contact@damianlescas.art 

If you think you have detected a security breach, please contact us via the email contact@damianlescas.art