Terms and Conditions

1. Purpose of These Terms

2. Products and Availability

I offer physical products (such as prints or books) and digital products (such as digital artwork files).
All products are subject to availability.
I reserve the right to discontinue or modify any product at any time without prior notice.

3. Prices and Taxes

4. Ordering Process

5. Payment

6. Shipping and Delivery

  • 6.1. Shipping areas

    I ship to:

    • Spain

    • Europe

    • United States

    • Other international destinations when available

    6.2. Delivery times

    Delivery times vary depending on the destination and shipping method selected. Estimated times are shown at checkout.

    6.3. Responsibility

    Once a package is handed to the carrier, delays caused by customs, weather, or logistic issues are outside my control.
    However, I will assist you in resolving shipping issues when possible.

7. Digital Products

Digital products are delivered immediately after purchase via email or download link.
No shipping costs apply.

7.1. Non-refundable

Digital products are non-refundable once they have been downloaded or delivered, in accordance with EU consumer law exceptions.

8. Commissions (Custom Artwork Orders)

Commission work is subject to its own pricing and workflow conditions. By requesting a commission, the client agrees to the following:

8.1. Pricing Adjustments
I reserve the right to modify or adjust commission prices at any time.
Price changes apply only to new commission requests. Once a quote or invoice has been accepted, the price will remain fixed unless the scope of work changes.

8.2. Payments
A non-refundable deposit (or full payment, depending on the commission type) is required to secure a slot. Work begins only after the initial payment is received. Remaining balances must be paid before delivery.

8.3. Cancellations and Refunds
Deposits are non-refundable.
If I cancel the commission, the client will receive a full refund.
If the client cancels after work has begun, no refunds are issued for completed work.

8.4. Revisions
Commissions include a limited number of minor revisions.
Major revisions requested after approval may incur additional fees.

8.5. Turnaround Time
Delivery times vary depending on the complexity and my workload. Estimated delivery times are provided individually but cannot be guaranteed.

8.6. Shipping (When Applicable)
For physical artwork commissions, shipping and customs fees are the responsibility of the client. Artwork is packaged securely, but I am not liable for postal or courier delays.

8.7. Usage Rights
Commissioned artwork is for personal use only unless otherwise stated.
All copyright and reproduction rights remain with the artist.
The artwork may not be used commercially, resold, or used for AI dataset training without written permission.

8.8. Right to Refuse
I reserve the right to decline any commission request that I am not comfortable with or that does not align with my artistic style.

9. Returns and Refunds

Due to the nature of the products I offer — including art prints produced on demand, original artwork, limited edition items, and digital files — all sales are final.

I do not accept returns, exchanges, or cancellations once an order has been placed.

Exceptions (required by EU law):

A refund or replacement will only be provided in the following situations:

  • The product arrives damaged in transit

  • The wrong item was sent

  • The product is defective

In these cases, you must contact me within 7 days of delivery with clear photos of the issue.
I will then offer either a replacement or a refund depending on availability.

Digital products cannot be refunded under any circumstances once delivered or downloaded.

10. Right of Withdrawal (EU Customers)

Under European Union consumer regulations, customers normally have the right to withdraw from a purchase within 14 days of receiving the product.
However, this right does not apply to the types of products offered in this store.

The following categories are legally excluded from the right of withdrawal:

  • Digital products once delivered or downloaded

  • Custom artwork or commissions

  • Original artwork and one-of-a-kind items

  • Prints produced on demand or made specifically upon purchase

  • Any product that cannot be returned in its original condition

Because my products fall under these exceptions, all sales are final, and the right of withdrawal does not apply.

A refund or replacement will only be offered if:

  • The product arrives damaged

  • The wrong item was sent

  • The product is defective

In such cases, you must contact me within 7 days of delivery.

11. Intellectual Property

All artwork, images, illustrations, text, and website content are the exclusive property of Carlos Nieto.

You may not:

  • Copy

  • Reproduce

  • Modify

  • Sell

  • Distribute

any content from this website without written permission.

Purchasing artwork does not grant you commercial rights unless explicitly stated.

12. Limitation of Liability

I am not responsible for:

  • Technical problems with the website

  • Minor color variations caused by different screen displays

  • Delays caused by shipping carriers

  • Losses arising from misuse of products

My maximum liability is limited to the amount paid for the product.

13. Prohibited Use of Website Content for AI Training

All content on this Website — including but not limited to artwork, illustrations, images, text, product descriptions, logos, designs, and any other creative material — is the exclusive property of Carlos Nieto or its licensors.

You are strictly prohibited from:

  • Scraping, copying, downloading, or collecting any content from the Website for the purpose of training, refining, or developing artificial intelligence (AI) systems, machine-learning models, neural networks, or similar technologies.

  • Using automated tools, bots, crawlers, or scripts to gather Website content for dataset creation or algorithmic processing.

  • Republishing or redistributing Website content in any dataset, AI model, or database without explicit written permission.

Any unauthorized use of content for AI training constitutes a violation of these Terms, infringes our intellectual property rights, and may result in immediate legal action, including but not limited to DMCA takedown notices, copyright infringement claims, and other applicable remedies.

14. Privacy

Your data is processed according to my Privacy & Cookies Policy, available here:
https://carlosnietoart.com/privacy-cookies-policy/

By using this website, you agree to the terms described in that policy.

15. Applicable Law

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

Any disputes shall be resolved in the courts of Spain, unless consumer protection laws require otherwise.

16. Contact

For questions regarding these Terms, orders, or returns, please contact: info@carlosnietoart.com