Terms and Conditions

Last updated: October 30, 2025

1. Overview

This website and online store (the “Site” or the “Shop”) is operated by Elleny Gherghe, a self-employed artist (“autónomo”) registered in Spain and subject to Spanish and EU laws on e-commerce and consumer protection.

Throughout the site, the terms “we”, “us”, and “our” refer to Elleny Gherghe.

By visiting our Site and/or purchasing something from us, you agree to be bound by these Terms and Conditions (“Terms”), as well as any additional policies referred to herein (such as our Privacy Policy, Return Policy, and Cookie Policy).

If you do not agree with these Terms, please do not use this website.

2. Seller information

Business owner: Elleny Gherghe (self-employed / autónomo)

Tax ID (NIF/NIE): Y7547249-C

Registered address: Av. Ciro Gil, Sotovila, 2, Oficina 33, 11311 Guadiaro, Cádiz

Email: hello@elleny.art

Phone: +34643860314

3. Copyright and intellectual property

All content on this website (artworks, images, illustrations, photographs, texts, layouts, digital files, and branding elements) is protected under copyright and trademark laws and belongs to Elleny Gherghe, unless otherwise stated or used under permission.

You may not copy, reproduce, distribute, modify, or use any content for commercial purposes without prior written consent from the copyright owner.

© Elleny Gherghe. All rights reserved.

4. Eligibility and use of the Site

By using this Site, you confirm that you are at least of legal age in your country or region of residence and have the capacity to enter into binding contracts.

You agree not to use this Site for any illegal or unauthorized purpose, or to violate any applicable laws or the rights of others.

5. Products – Art prints (open & limited edition), frames and related services

Our products include fine art prints (open and limited editions), frames, and related services.

Limited editions are numbered and accompanied by a certificate of authenticity. Once sold out, they are no longer available.

Please note that colors may vary slightly from those displayed on your screen due to technical factors such as monitor calibration or lighting conditions. Such variations do not constitute a defect.

Most items are made to order, based on your chosen specifications (size, paper type, framing). Please review your selections carefully before placing your order.

6. Prices, taxes and availability

All prices are displayed in EUR and include VAT according to Spanish tax law, unless stated otherwise.

We reserve the right to change prices or update product availability at any time without prior notice.

In the case of obvious pricing or description errors, we reserve the right to cancel the order and issue a full refund.

7. Orders, acceptance and cancellation

Your order constitutes an offer to purchase. A contract is formed once you receive an order confirmation or shipping confirmation from us.

We may refuse or cancel an order (for example, in case of suspected fraud, stock unavailability, or incomplete information). You will be informed and refunded if payment was already made.

For custom or made-to-order products, production may begin immediately after payment confirmation, and cancellation may not be possible once processing has started.

8. Payments and security

Payments can be made via credit/debit card or other payment processors listed on the Site. All card data is processed securely by certified payment providers.

You agree to provide accurate, complete and current billing and shipping information.

9. Shipping, delivery and risk of loss

We ship to the regions listed on the Site. Delivery times and costs are displayed at checkout.

Delivery times are estimates only; delays may occur due to external factors (couriers, customs, peak seasons).

The risk of loss or damage passes to you once the order is delivered to the address you provided.

For art prints: please open your package carefully. If the parcel or product appears damaged, note this with the courier immediately and take clear photos of the package and its contents.

10. Right of withdrawal (EU consumers) and exceptions

If you are a consumer residing in the EU, you have the right to withdraw from the purchase within 14 calendar days from receiving the product, without giving any reason.

Exceptions:

The right of withdrawal does not apply to:

- products made to order or personalized (e.g. prints in custom sizes, paper types, or framed on request);

- sealed goods that cannot be returned for health/hygiene reasons once unsealed;

- perishable or easily damaged items.

If your product is eligible for return and you wish to withdraw, please email hello@elleny.art within 14 days of receipt. You will receive instructions for the return process. Products must be returned in original condition and packaging. Unless otherwise stated, return shipping costs are borne by the customer.

Sample withdrawal form:

“To: Elleny Gherghe (hello@elleny.art)

I hereby notify you that I withdraw from the contract for the purchase of the following products: ⟨…⟩, ordered on ⟨…⟩ / received on ⟨…⟩.

Name: ⟨…⟩, Address: ⟨…⟩, Date: ⟨…⟩.”

11. Damaged, defective or incorrect products

If you receive a damaged, incorrect, or non-conforming product, please contact us within 48 hours of delivery and include photos of the packaging and item.

Once evaluated, we will offer a replacement, reprint, partial refund or full refund, as appropriate.

Damage caused by mishandling after delivery is not eligible for return.

12. Accounts, security and prohibited conduct

You may create an account on the Site. You are responsible for keeping your login credentials secure and for all activity that occurs under your account.

- engage in illegal activity;

- upload or transmit malware or spam;

- collect data from other users;

- infringe copyrights or trademarks;

- post defamatory, obscene or discriminatory content;

- attempt to bypass the Site’s security systems.

13. Third-party tools and services

Our Site may integrate third-party services (such as payment gateways, shipping providers, analytics tools, fonts, etc.).

We are not responsible for the content, availability, or privacy practices of such third-party services. Their own terms and policies apply.

14. Information accuracy and errors

From time to time, the Site may contain typographical errors or omissions related to product descriptions, prices, taxes, promotions, or shipping details.

We reserve the right to correct such errors and cancel or amend affected orders before shipment, issuing a full refund if applicable.

15. Limitation of liability

To the fullest extent permitted by law, Elleny Gherghe shall not be liable for any indirect, incidental, special, or consequential damages (including lost profits or data) arising from your use of the Site or any purchased product.

Nothing in these Terms limits liability that cannot legally be excluded.

16. Indemnification

You agree to indemnify and hold harmless Elleny Gherghe from any claims, damages, losses, or costs (including reasonable attorney fees) arising out of your breach of these Terms or your violation of any third-party rights.

17. Force majeure

We are not responsible for delays or failures to perform due to causes beyond our reasonable control (including natural disasters, strikes, war, government actions, transport disruptions, or internet failures). Obligations are suspended during the period of force majeure.

18. Data protection and privacy

The processing of your personal data is governed by our Privacy Policy, in compliance with Regulation (EU) 2016/679 (GDPR) and applicable Spanish data protection laws. Please review it before placing an order.

19. Dispute resolution and ODR platform

We aim to resolve all issues amicably.

If you are an EU consumer, you may also use the European Commission’s Online Dispute Resolution (ODR) platform:

🔗 https://ec.europa.eu/consumers/odr/

20. Governing law and jurisdiction

These Terms and any sales contracts entered through this Site are governed by Spanish law.

Any disputes shall be subject to the competent courts in Spain (specifically, those corresponding to the seller’s registered business address), without prejudice to mandatory consumer rights in your country of residence.

21. Updates to the Terms

We reserve the right to update or modify these Terms at any time. The version in force is the one published on this page at the time of access.

Your continued use of the Site after changes are posted constitutes acceptance of the updated Terms.

22. Contact

For any questions about these Terms and Conditions, please contact: hello@elleny.art

Please include your order number (if applicable) and a brief description of your request.