PRIVACY POLICIES
At Hugo López Catalán, we respect your privacy and are committed to protecting your personal data. This policy explains how we collect, use, and protect your information when you visit or make a purchase on our website, in compliance with the European Union’s General Data Protection Regulation (GDPR) and Spain’s LOPDGDD.
1. Identity of the Data Controller
Data Controller: Hugo López Catalán
Tax ID Number
Mailing Address: Calle Matagallo 78, East Malaga, 29018 Málaga
Email: hugolopezcatalanart@gmail.com
2. What Personal Data Do We Collect?
To ensure a simple purchasing process that respects your privacy, we will only ask for the data strictly necessary to process your order. When you make a purchase, we collect:
Identification and contact information: First name, last name, billing address, shipping address, email address, and phone number.
Financial Information: We do not store your credit or debit card information. Payments are processed securely through external payment gateways such as PayPal.
3. Purpose: Why do we use your data?
We use your personal data exclusively to:
Manage and process your orders for works of art.
Arrange shipping to your address, including customs clearance if applicable.
Send you operational communications (order confirmations, receipts/invoices, and tracking numbers).
Comply with our legal and tax obligations in Spain.
4. Legal Basis for Processing
The use of your data is justified and supported by the performance of the sales contract (when you purchase a work of art, we need your data to ship it to you) and by compliance with a legal obligation (issuing invoices and maintaining tax records).
5. Who Do We Share Your Data With? (Disclosure to third parties)
We will never sell your data. We only share it with third parties when it is strictly necessary to deliver your painting to you:
Transportation and logistics companies: To deliver the order to your address.
Payment gateways: To process your purchase securely.
Tax/accounting advisors: To comply with our tax obligations in Spain.
6. International Data Transfers
Since we sell art globally, your data may be transferred outside the European Economic Area (EEA):
International Shipments: If you make a purchase from a country outside the European Union (such as Mexico, Argentina, Chile, Paraguay, Uruguay, Guatemala, Peru, Colombia, Ecuador, Bolivia, Panama, Costa Rica, El Salvador, Honduras, Nicaragua, the Dominican Republic, Albania, Turkey, Saudi Arabia, the United Arab Emirates, Kuwait, Oman, Qatar, Ethiopia, South Africa, Nigeria, Uganda, Madagascar, India, Indonesia, Vietnam, Kazakhstan, Uzbekistan, Thailand, Ukraine, Cambodia, Japan, Brazil, Bosnia and Herzegovina, Montenegro, Canada, or the United States...etc.), your contact information will be shared with shipping companies and customs authorities in your country. This transfer is strictly necessary for the execution of the sale and to ensure that the painting reaches you (Art. 49.1.b GDPR).
Technology Services: Our website is hosted on the Wix platform. We ensure that our technology providers have adequate safeguards in place, such as the Standard Contractual Clauses approved by the European Commission or adherence to equivalent privacy frameworks.
7. How long do we retain your information?
We will retain your personal data only for as long as necessary to process your purchase and shipment. Afterward, billing information will be kept on file for the legally required periods (generally 5 years in Spain) to comply with potential requests from tax authorities.
8. Your Rights
You have full control over your data. You may exercise your rights of access, rectification, erasure (right to be forgotten), restriction, data portability, and objection. To exercise these rights, simply send us an email at hugolopezcatalanart@gmail.com indicating which right you wish to exercise. We will not ask you for a copy of your ID unless there are reasonable doubts about the identity of the requester. If you believe your data has not been processed correctly, you have the right to file a complaint with the Spanish Data Protection Agency (AEPD).
Terms and Conditions of Purchase
1. General Information
These terms and conditions govern the purchase of original works of art and other products through the Hugo López Catalán website. By placing an order, the customer fully accepts these terms and conditions.
2. Artworks and Prices
Features: Each painting is an original work of art. We do our best to display colors and textures as accurately as possible, but please note that there may be slight variations depending on your screen’s calibration.
Prices and Taxes: All prices are listed in Euros (€) and include applicable taxes in Spain (VAT) where applicable. Shipping costs will be calculated and displayed on the checkout screen before you complete your purchase.
3. Shipping and Customs (International) This is the most important point for your international business:
Processing times: Orders are prepared and packaged with the utmost care. The processing time before shipment is 3 to 5 business days.
Transit times: Delivery times vary depending on the destination. We will provide you with a tracking number so you can track your painting at all times.
Customs and Duties: For shipments outside the European Union (EU), the buyer is solely responsible for any import taxes, customs duties, or local fees that may be applied by their country. Hugo López Catalán has no control over these charges and cannot predict their amount. If a package is returned because the customer refuses to pay customs duties, the shipping and return costs will be deducted from the final refund.
4. Return Policy (Right of Withdrawal)
Under European law, customers within the EU have the right to return their purchase.
Time Limit: You have 14 calendar days from receipt of the artwork to request a return. To do so, please email us at hugolopezcatalanart@gmail.com
Conditions: The artwork must be returned in its original packaging or equivalent, ensuring maximum protection. It must arrive in perfect condition.
Return Shipping Costs: The buyer is responsible for return shipping costs. We recommend using certified and insured shipping, as we are not liable if the artwork is lost or damaged during the return trip.
Exceptions: Custom-made works (commissions) cannot be returned, unless they are damaged.
Customers Outside the European Union: Due to high international shipping costs, the risk of damage during long transit times, and complex customs procedures, we do not accept voluntary returns due to buyer’s remorse (change of mind) for orders shipped outside the EU. All international sales are final. Partial refunds will only be considered if the package is rejected by customs (as detailed in Section 3) or for replacements/refunds if the artwork arrives damaged (as per Section 5).
5. Artworks Damaged During Shipping
We pack the artworks so they can withstand long journeys, but accidents do happen.
If the package arrives visibly damaged, please take photos of it before opening it and note the damage on the courier’s delivery receipt.
If the artwork is damaged when you open the package, contact us within 72 hours of receipt, attaching photos of the damage and the packaging. We will assess the situation and offer you a solution (repair, refund, or replacement, if possible).
6. Intellectual Property and Copyright
When you purchase a painting, you acquire physical ownership of the work, but Hugo López Catalán retains all copyright and reproduction rights. The buyer may not reproduce, distribute, or use the work for commercial or promotional purposes without the artist’s prior written consent.
7. Governing Law and Jurisdiction
These terms and conditions are governed by Spanish law. In the event of a dispute, and to the extent permitted by law, the parties agree to submit to the courts of Málaga.