GENERAL TERMS AND CONDITIONS OF ONLINE PURCHASE AND SALES

This document, which you have just accessed for the consultation or purchase of products and/or services (hereinafter, “Online Store”), regulates the Terms and Conditions of contracting and using the Online Store of Lavinia Marin Art, belonging to the company LM GALLERY ART, S.L., with tax identification number B75534842, and headquarters in Marbella, Spain.

For any clarification related to the website www.laviniamarin.com or with these General Terms and Conditions of contracting and use, you can contact the Customer Support Service of Lavinia Marin Art through any of the following means:

Email: gallery@laviniamarin.com
Phone: +34 657 533 850

Through the Online Store www.laviniamarin.com, we provide a variety of information about our products and/or services, allowing you, electronically, to order them under the terms and conditions described here.

I. Use of the Online Store

The use of this Online Store gives you the status of Customer, which implies full and unreserved acceptance of all the provisions contained in this document, as well as in the Privacy Policy, in force during the period of access and use of the Online Store.

If you do not fully accept any of the established conditions, you should not access or use our Online Store. By consulting, using, or downloading the present content, you commit to respecting the conditions established in this document and in the Privacy Policy.

Lavinia Marin Art reserves the right to change the Terms and Conditions without prior notice, with these changes being published on our website. The respective changes will be applicable to orders placed after their publication on www.laviniamarin.com. By continuing to use the Online Store, you will be accepting the Terms and Conditions as they have been updated.

The processing of personal data carried out by Lavinia Marin Art complies with current legislation on data protection, namely Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of individuals with respect to the processing of personal data and the free movement of such data (“General Data Protection Regulation”) and other applicable Community and national legislation.

For more information, see our Privacy Policy and our Cookies Policy.

All information provided by the Customer must be accurate and truthful. The Customer has the obligation to update the information provided to Lavinia Marin Art whenever changes occur. The Customer expressly assumes responsibility for any false or inaccurate statements and for any damages caused to Lavinia Marin Art or to third parties with the information provided.

Lavinia Marin Art is the entity Responsible for Processing the personal data of its Customers, with the execution of this purchase and sale contract being the basis of lawfulness for processing.

In case of violation of the Terms and Conditions, Lavinia Marin Art reserves the right to exercise all legally provided actions. Additionally, Lavinia Marin Art may, at its discretion, terminate access to or use of the Online Store, with or without prior notification.

Lavinia Marin Art applies appropriate technical and organizational security measures to ensure the protection of information. However, the Customer acknowledges that the use of the Online Store may not be 100% secure, with the possibility that information sent or received may be intercepted by unauthorized third parties, a fact which cannot be attributed to Lavinia Marin Art.

The contractual proposal present in the Online Store is intended only for people of legal age, with the Customer accepting that it can only be used by users over eighteen years of age and with full contractual capacity, to assume the commitments resulting from the purchase and sale.

II. Information about Contents

The reproduction, transfer, distribution, or storage of the contents of our Online Store without prior written authorization granted by Lavinia Marin Art is prohibited for purposes other than strictly personal use.

Lavinia Marin Art reserves the right to modify, at any time, the information and commercial offer presented about products, prices, promotions, commercial conditions, and services, with these changes applicable only to future orders, not affecting orders in progress.

The introduction of links to this site is expressly prohibited, regardless of the intended purpose, without prior authorization from Lavinia Marin Art. The use of the domain www.laviniamarin.com for abusive purposes and without authorization may be subject to legal recourse by Lavinia Marin Art. If you find links on other sites that allow access to www.laviniamarin.com, we inform that Lavinia Marin Art has no responsibility for the origin of these pages or the contents inscribed on them.

Lavinia Marin Art assumes no responsibility regarding advertisements and campaigns that use the brand without being legitimized to do so.

We will inform on our website about any fraudulent activities of which we become aware, concerning third parties who use the name or image of Lavinia Marin Art in an abusive or illegitimate manner.

Lavinia Marin Art conducts its dealings with Customers through the institutional channels created for this purpose and in the domains that belong to it. In case of fraudulent activity, the Customer should not access, confirm, or insert their personal data, particularly banking data, nor subscribe to any proposed service. We recommend that you DO NOT CLICK on associated links or access any associated external site.

With a view to protecting its Customers and their personal data, Lavinia Marin Art will activate all necessary measures to defend its interests, particularly with regard to the abusive use of its industrial property rights (brand, logo, commercial name), good name, and reputational image.

All efforts have been made to ensure that the information presented is free from typographical or writing errors. Whenever these occur, Lavinia Marin Art will proceed with the respective correction as soon as possible.

The information, content, and descriptions in the texts of the products marketed in our Online Store are the responsibility of Lavinia Marin Art, as manufacturer. However, the raw materials used in our products are supplied by carefully selected partners. The Customer may exercise their rights with Lavinia Marin Art, under the applicable legal terms.

If the information presented does not correspond to the real characteristics of the product, the Customer has the right to terminate the purchase and sale contract under the applicable legal terms.

All products identified in our Online Store are subject to stock availability. Despite our efforts, some products may have an incorrect price, which is why Lavinia Marin Art checks prices whenever it processes an order. If the price is lower than advertised, the difference will be returned. If the price is higher, we will proceed with the cancellation of the order, informing the Customer by email and awaiting their decision to accept the new price or proceed with a refund within 14 days.

It may happen that the price of products displayed in the Online Store does not correspond to the real price due to a programming error. In these cases, Lavinia Marin Art will take the necessary measures to correct the error and communicate with the Customer.

In automated purchases through means such as Google Shopping, Facebook/Instagram Store, or comparators, product feeds are updated daily. However, the campaign price may not correspond to the price in the Online Store, so we recommend that you always check the price directly on our website.

All contractual information is written in Portuguese, as is the information about articles, email communications, and the formalization of the sale.

III. Intellectual and Industrial Property

All texts, comments, works, illustrations, works, and images reproduced or represented in our Online Store are duly protected by the respective copyright, valid worldwide. Thus, under the terms of the Copyright and Related Rights Code, their use is only permitted for private purposes, except for more restrictive provisions provided for in said Code. Any total or partial reproduction or representation of our Online Store or any element included in it is strictly prohibited, under penalty of legal action against whoever does it.

The social denominations, brands, and any distinctive signs reproduced in our Online Store are protected by the legislation applicable to industrial property. The reproduction or representation of any of these distinctive signs is prohibited without prior written authorization from the respective owners.

Lavinia Marin Art uses protected rights of third parties (such as brands, names, logos, or company and service denominations) only after proper authorization from their owners.

IV. Responsibilities and Cases of Force Majeure

All products marketed in our Online Store comply with Portuguese legislation. Lavinia Marin Art disclaims any responsibility in case of violation of the legislation of the country where the order is delivered. It is up to the Customer to check with local authorities the conditions of import or use of the products they intend to order. Lavinia Marin Art is not responsible for damages resulting from interferences, interruptions, computer viruses, malfunctions, or disconnections in the operating system resulting from force majeure events, which may temporarily prevent access, navigation, or the provision of services to users.

Lavinia Marin Art also does not take responsibility for situations of fortuitous case or force majeure, which result from unforeseen events or natural phenomena alien to human action, such as natural catastrophes, terrorist attacks, war, or pandemics, which make it impossible to fulfill its obligations. In these cases, Lavinia Marin Art will take all necessary measures to inform Customers, as soon as it becomes aware of the circumstances and foreseeable consequences of this impossibility.

V. Customer Obligations

To ensure the efficiency of our services, all information provided by the Customer must be accurate and truthful. The Customer commits to comply with and respect these Terms and Conditions, namely: Refrain from introducing, storing, or disseminating through the site defamatory, obscene, insulting, xenophobic, and/or any other content that violates the general principles of law and public order; Keep, and not disclose, their password to access the site, in order to prevent third parties from accessing their account in our Online Store; Not use false identities; Provide correct personal data and addresses, as well as update this information whenever changes occur. It is expressly prohibited to transmit insulting, misleading, defamatory, obscene messages or information, or that violate in any way the right to privacy or intellectual or industrial property of third parties. It is also prohibited to provide any information that may be harmful to third parties or to Lavinia Marin Art.

In case of non-compliance with any of the mentioned obligations, Lavinia Marin Art reserves the right to block future purchases and/or access to the Online Store. If the information provided by the Customer is incorrect or insufficient, Lavinia Marin Art will not be responsible for any delays or impossibilities in processing the order.

VI. Making Online Orders

Making an online order in our Store follows the following phases:

Selection of Articles The Customer selects the articles they want to purchase in the shopping cart. The price is indicated in Euros, including VAT at the current legal rate. The Customer acknowledges that:

The images of the products in the Online Store are merely illustrative. The Customer should read carefully the descriptions of the articles and, in case of doubt, can contact our Customer Support line for more information. Lavinia Marin Art makes every effort to provide accurate and updated information about the available products. 2. Registration/Form Filling To confirm the order, the Customer must fill out a form, indicating:

First and Last Name (mandatory);
Customer’s company name (if applicable);
Billing and shipping address, including address, postal code, and location (mandatory);
Telephone contact (mandatory);
Email contact (mandatory);
Customer’s Tax Identification Number (if applicable);
Delivery mode and payment mode.

The Customer guarantees the truthfulness of the data provided when filling out the form, being responsible for damages resulting from their incorrectness. The Customer must communicate in writing to Lavinia Marin Art any changes in personal data during the validity of the contract.

Finalizing the Purchase

The Customer must carefully check the data in the order summary, confirming the articles, services, shipping, and billing data. If any non-conformity is detected, they must rectify the data before finalizing the purchase.

The validation of the order implies that the Customer accepts, expressly, these Terms and Conditions. The data registered by Lavinia Marin Art constitute proof of the transactions made. Lavinia Marin Art electronically archives the contract of the transactions.

After confirmation of the Terms and Conditions, the Customer may activate the “PAY” button. Then, they will receive an automatic confirmation email. If the data is incorrect, the Customer can request its alteration or cancellation of the purchase.

Lavinia Marin Art will confirm receipt of the order by email. After payment is confirmed, the invoice will be sent with the order or via email after shipment. The Customer should keep a copy of the Terms and Conditions on the date of purchase for future reference. The contract will be formalized in Spanish.

VII. Product Availability

Lavinia Marin Art processes an order after payment confirmation. Therefore, it cannot guarantee the availability of the articles until that processing has begun. On the product sheet, you will find the availability of the article, to which is added the transport time, which depends on the chosen carrier and the destination of the order.

Shipments are made only on business days, not counting weekends and holidays for the delivery estimate. The indicated delivery dates are merely estimates.

In case of unavailability of a product, Lavinia Marin Art will contact you if the delivery time or the price of the article changes. The order will only proceed with your consent. If it is not possible to propose an alternative product of equivalent quality and price, or if you do not give your consent for the change, Lavinia Marin Art will proceed with the refund within a maximum period of 14 days after the communication of the cancellation.

Delays in the shipment of articles compared to the indicative dates do not confer the right to any compensation.

VIII. Delivery Methods

Orders placed on the site can be sent via Carrier or picked up at the Lavinia Marin Art space.

a) Pick-up at the Lavinia Marin Art space: You can choose to pick up the order at Lavinia Marin Art, after receiving the email confirming the arrival of the order. It will be necessary to present the confirmation email and an identification document with a photograph. You must check the merchandise at the time of collection. If there are non-conformities, you must contact the Customer Support Service:

Phone: +34 657 533 850‬ Email: gallery@laviniamarin.com

b) Delivery via Carrier: This service is limited to orders up to 30 kg. Registered Shipping: Order with registration number, allowing you to track the shipment on the site. After you finalize the purchase, the process follows the following steps:

Payment validation; Order preparation; Shipping via Carrier. The estimated shipping time is 3 weeks. Lavinia Marin Art is not responsible for failures in the Carrier’s services, but offers support to expedite the resolution of problems. The system automatically calculates the shipping fees; however, in some cases, it may be necessary to request a quote from the Customer Support Service.

Upon receiving the order, the Customer must check the condition of the package in the presence of the carrier. If there are damages, errors, or visible defects, the Customer should place that reservation on the transport guide/list/PDA at the time of signing it and contact Lavinia Marin Art through the means provided, preferably immediately or within a maximum period of 48 hours, so that the situation can be resolved. This procedure does not affect the right to claim under the product guarantee, for any lack of conformity, within the period of 3 years from the date of delivery of the good.

IX. Shipping Costs

The available delivery methods and their respective deadlines may change depending on the time of year. You can confirm the delivery methods in the Shopping Cart.

Deliveries: free.

Costs Associated with Exchanges and Returns In any situation, except for products with manufacturing defects, the shipping and return port costs will be the responsibility of the Customer, in accordance with Decree-Law no. 24/2014, of February 14 (article 13, no. 1 and no. 2). However, our Customer Support Service may provide all assistance to make the process as simple and quick as possible.

X. Payment Methods

In the purchase of products in our Online Store, Lavinia Marin Art allows the following payment methods:

Bank Transfer: We offer the possibility of paying by Bank Transfer. We will send you the necessary data to make the bank/interbank transfer to our company’s account. Credit Card: We offer the possibility of paying by Credit Card. Lavinia Marin Art authorizes its current partner to intermediate the payments received in the Credit Card modalities or any other method used for the same effect.

XI. Cancellations, Exchanges, and Returns

The following conditions and terms are only applicable to purchases made in our Online Store.

RIGHT OF FREE RESOLUTION According to applicable legislation, you may, within a maximum period of fourteen (14) days, and without having to present a justifying reason, exercise your right of free resolution, and consequently return the product(s) purchased or cancel the service(s) subscribed. The period previously referred to should be counted from:

(i) The day of the conclusion of the contract, in the case of a service provision contract; (ii) The day on which the Customer or a third party, with the exception of the carrier indicated by the Customer, acquires physical possession of the goods, in the case of purchase and sale contracts, or:

a) The day on which the Customer or a third party, with the exception of the carrier indicated by the Customer, acquires physical possession of the last good, in the case of several goods ordered by the Customer in a single order and delivered separately; b) The day on which the Customer or a third party, with the exception of the carrier indicated by the Customer, acquires physical possession of the last lot or element, in the case of delivery of a good that consists of various lots or elements; c) The day on which the Customer or a third party indicated by him, who is not the carrier, acquires physical possession of the first good, in the case of contracts for periodic delivery of goods during a certain period. The Customer may exercise their right of free resolution through any unequivocal declaration of resolution of the contract. If the Customer exercises their right of free resolution, Lavinia Marin Art will return the value corresponding to the articles received, with the exception of shipping expenses, without any delay or impediment and, in any situation, within a maximum period of 14 days from the date on which Lavinia Marin Art has been informed of the decision to resolve the contract, provided that the products have been received and verified in the company’s warehouses. The return of the values referred to here will be done through the same means used by the Customer to make the initial payment.

By subscribing to these General Terms and Conditions, the Customer acknowledges that, in the case of a provision of services, they will lose their right to free resolution of the contract as soon as it has been fully executed by Lavinia Marin Art.

According to applicable legislation, it will not be possible to exercise the right of free resolution in the following situations:

(i) When the services have been fully provided after the express prior consent of the Customer. (ii) When the supply of the product(s) was made according to the specifications required by the Customer or personalized. (iii) When the supply of product(s) that may deteriorate or expire their validity period in a short space of time is concerned. (iv) When the supply of sealed product(s) that are not suitable to be returned, due to health or hygiene protection reasons and that have been opened after delivery, is concerned. (v) When the supply of products that, after delivery and taking into account their nature, have been mixed inseparably with other goods, is concerned.

Additionally, either party may resolve the contract for non-compliance with the obligations established in the Terms and Conditions.

RETURN PROCESS The Customer must return the goods without undue delay and at the latest 14 (fourteen) days from the day on which they informed Lavinia Marin Art of the free resolution of the contract, considering that it is respected if the Customer returns the goods before the end of this 14 (fourteen) day period.

After contacting our Online Store’s Customer Support and being given the return instructions, you may send us the article properly conditioned, with original packaging and accompanied by all documentation received (Purchase Invoice) to the address provided for this purpose. All articles will be checked upon arrival at our service and only those that respect the following return conditions will be accepted for exchange or return:

Restitution of the articles in the same conditions in which they were acquired; Exchanges or returns of articles produced according to Customer specifications or manifestly personalized are not accepted. In case of return, if the Customer opts for a refund of the value, Lavinia Marin Art informs that it will proceed with the refund by the same payment method. In the event of having received damaged articles or with technical problems, Lavinia Marin Art will schedule the collection of the same at the location you indicate, in the same expedition zone of the original order, without any charges for the Customer.

Lavinia Marin Art reserves the right not to accept articles that do not comply with the return conditions or that are returned without prior contact with the company. The refund will only be made after verification of the condition of the product. Lavinia Marin Art hereby informs that it may withhold the refund until it has received the returned goods.

ORDER CANCELLATION The Customer may cancel their order at any time until delivery, with the right to a refund of the amount paid. The respective cancellation can be made by telephone contact or via email (contact information available in the Online Store), with the following data being necessary: order number, Tax Identification Number, and recipient.

If Lavinia Marin Art verifies irregularities in the data provided or observes misconduct on the part of the buyer, it reserves the right not to accept and process the orders. Non-payment of the order within 1 day subsequent to the date on which it was definitively made implies its automatic cancellation.

XII. Guarantee of Consumer Goods and After-Sales Assistance

Lavinia Marin Art reserves the right to unilaterally cancel the order whenever there is a programming error, malfunction of the company’s computers, as well as if the contractual proposal arrives deformed at its destination and the error affects an essential element of the contract.

The collection of orders of products reserved and paid for in the space of Lavinia Marin Art should be carried out within a maximum period of 5 (Five) days, with SMS or email being sent, according to the data provided by the Customer. The collection must be made upon presentation of the original receipt in the space of Lavinia Marin Art.

If you do not proceed with the collection of the article within the indicated period, Lavinia Marin Art will grant an additional maximum period of 90 days, after which the product(s) will be considered abandoned, which may imply the loss of the right of ownership of Lavinia Marin Art. After this period, Lavinia Marin Art reserves the right to make the return of the acquisition value of the product to the Customer, upon presentation of the original receipt in the acquisition store.

It is up to the Customer to provide the correct identification data of the mobile phone number and email, for these conditions to be fulfilled, with Lavinia Marin Art exempt from responsibility in the case of incorrect indication of the data relating to the mobile phone number and email.

XIII. Applicable Legislation

All purchases made in our Online Store are subject to Spanish legislation. Any conflict or divergence of interpretation of the General Terms and Conditions will be submitted to the competent Spanish court. If you are outside Spain, Lavinia Marin Art informs that any judicial process must be forwarded to the Spanish courts.

XIV. Alternative Dispute Resolution

In case of disputes initiated by a consumer against a supplier of goods or service provider that concern contractual obligations resulting from contracts of purchase and sale or provision of services, concluded between the established supplier of goods and consumers residing in Portugal and the European Union, the consumer may resort to an Entity of Alternative Resolution of Consumer Disputes.

For complaints and claims relating to purchases made, you can contact our company via email gallery@laviniamarin.com or through the Customer Support line: +34 657 533 850‬.

These General Terms and Conditions were updated on 14.05.2025.