Terms of Service.

Overview

This website is operated by Matías Ignacio Gárate Silva (hereinafter “we”, “us” and “our”, and “Matías Gárate”). Matías Gárate offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, and/or merchants. Any new features, products, or tools which are added to the current website shall also be subject to the Terms of Service.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Our store is hosted on Squarespace. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

Website and online store terms.

By making a purchase from our online store you represent that you are at least the age of majority in your country, state or province of residence.

You may not use our products or services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.


Intellectual Property and Copyright

All the content published in this website (including images, artwork, photographs, text, etc.) is the intellectual property of Matías Gárate, unless stated otherwise.

You may not reproduce, modify, copy, distribute, sell or resell any content of this website without Matías Gárate’s written consent. Using any content from this website (e.g. illustrations, animations, etc.) for commercial-use requires a license granted by Matías Gárate, which is negotiated on a case-by-case basis. To obtain more information you may write to us using our Contact Form.

Product and Service Categories

This section describes the general characteristics of our current products categories, and is meant to serve as reference. For the specific characteristics of individual products (such as dimensions, for example), please refer to the description listed in the corresponding product page:

Art Prints: Art Prints sold in this website are of archival quality, and printed on Hahnemühle FineArt Pearl paper (or similar). Art Prints are currently fulfilled by our print service provider WhiteWall (based in Germany), winner of the TIPA Awards 2024, and regarded as the best photo-lab worldwide.

Art Prints products are calibrated such that the end product represents the colors and contrasts intended by the artist. Keep in mind that depending on your monitor calibration (brightness, saturation, etc.), it may happen that the colors and contrasts displayed on your screen might differ slightly from those of your printed product.

For logistic reasons our art prints are signed digitally, this is done to ensure that they arrive in optimal conditions directly from the photo lab to your door, and to keep them fully insured in the event of damage during the transport.


Commissioned artwork: Commissioned artworks and services (hereinafter the “Project”), whether physical or digital, can be requested through the dedicated Contact Form.

The scope of the commission, including the price, timeline, payment methods, technical and aesthetic specifications, intended use, and further requirements such as transfer of copyright or grant of a commercial license, are discussed between the Client and the Artist and written down in the form of a “Commission Contract”, which must be signed and agreed by both parties.

The content of the Commission Contract between the Client and the Artist will supersede the current Terms of Service listed here, in the context of the respective Project. The content of the Commission Contract does not replace or invalidate any of the clauses of the current Terms of Service for the use of the Website, for the use of any of the content published within it (images, photos, text, etc.), or for any aspect outside of the Project specified in the the Commission Contract.

Accuracy of billing and purchase information.

You agree to provide current, complete and accurate purchase information for all purchases made at our website. You agree to correct any inaccurate billing, shipping, and contact information by contacting us as soon as possible.

We reserve the right to refuse any order you place with us. In the event that we make a change to or cancel an order, we will notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order, specially (but not limited) in cases where fraudulent activity is suspected. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Prices and Payment

Prices displayed in the online store include VAT (where applicable). Shipping costs are displayed and added to the total during the check-out process, when you select the country of delivery. See our Delivery and Shipping for more information about customs duties and taxes.

Payments are processed using Stripe, which is made available to us by Squarespace, our website and online store hosting provider.

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue any of our products without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of our products or services.

Delivery and Shipping

Products are shipped to the address specified by the Customer at the moment of check-out. You will be provided with the corresponding tracking information once your order has been dispatched.

If you find that your product was damaged during transport and delivery, you can follow the steps listed in the section “Replacement of damaged products (Warranty)” to ask for a replacement, free of charge.

Currently we only offer shipping inside of the European Union, the European Economic Area, and the UK. If you are located outside of the these regions and would like to purchase one of my artworks, feel free to reach out using our Contact Form. We will either find a solution for you, or notify you once world-wide shipping is available.

Note that you (the Customer) are responsible for paying any customs duties, fees, or taxes that may arise in the country of delivery, when shipping to countries outside of the European Union.

Withdrawals, Returns and Refunds

If your product was damaged during shipping or delivery, please check the next section “Replacement of damaged products”, to claim a replacement instead.

You have a period of 14 days, counting from the moment of the product delivery, to withdraw an order and request a refund. To exercise this right you must contact us via email to matiasgarate3d@gmail.com or through our contact form, and provide us with your order number. After hearing back from us, you will be asked to return the product(s) included in your order to the following address:

Matías Gárate
Creators Collective
57, Route d'Esch
L - 3332 Fennange, Bettembourg
Luxembourg

We will refund the amount of your order to the bank account used at the moment of the payment within 14 days of receiving the returned product(s).

We ask you to take note that:

  • You must wait to hear back from us before returning the products.

  • The shipping costs of returning the products must be covered at your own expense.

The right of withdrawal does not apply to commissioned artworks, due to its personalized nature. The withdrawal terms for commissions are governed by the written contract signed between the Artist (”us”) and the Customer.

Replacement of damaged products (Warranty)

For Art Prints: Our print service provider WhiteWall takes great care that all print products are inspected and safely packaged to ensure that they will arrive without defects. Should, however, any damage occur during shipping and/or delivery, you are entitled to a replacement of your print, at no extra cost.

To claim the replacement print, you must document the damage (through photographs of the damaged products), and send us the proof via email.

Please note that:

  • You do NOT need to send the damaged product back.

  • You NEED to keep the damaged product until we have fully resolved your case, or until you are provided with further instructions on what to do with the damaged product.

Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Luxembourg.