Welcome to Galeria MonChic. These Terms and Conditions (“Terms”) govern your use of our website and your purchase of artworks, prints, and other products and services from Galeria MonChic (“Galeria MonChic”, “we”, “us” or “our”). Please read these Terms carefully before using our website or placing an order. By accessing our website, or by placing an order with us, you confirm that you accept these Terms and agree to comply with them. If you do not agree to these Terms, please do not use our website or purchase from us.
Note: This document is a general template reflecting common practice and EU/Portuguese consumer-law principles. It is not legal advice. Before publishing, we recommend having it reviewed by a qualified lawyer and completing the bracketed placeholders so that it accurately reflects your specific pricing, delivery, and payment arrangements.
1. About Us
Galeria MonChic is an art gallery based in Monchique, in the Algarve region of Portugal, offering original oil and acrylic paintings, original and limited edition prints, and related artworks and gallery objects, both in our gallery and, where applicable, through our website.
You can contact us at:
Galeria MonChic 8550-233 Monchique, Algarve, Portugal Email: [email protected] Telephone: (+351) 967 392 946
2. Definitions
In these Terms:
“Website” means the website located at galeriamonchic.com and any subdomains. “Products” or “Works” means the artworks, paintings, prints, cards, gallery objects and any other goods offered for sale by us. “You” or “Customer” means the person accessing the Website or placing an order. “Contract” means the contract between you and us for the sale and purchase of Products, formed in accordance with Section 5. “Consumer” means an individual acting wholly or mainly outside their trade, business, craft or profession.
3. Use of the Website
You may use our Website only for lawful purposes. You agree not to use the Website in any way that breaches applicable laws or regulations, is fraudulent or has a fraudulent purpose, or that could damage, disable, overburden or impair the Website or interfere with any other party’s use of it. You must not attempt to gain unauthorised access to the Website, the server on which it is stored, or any server, computer or database connected to it.
We take reasonable steps to ensure the Website is available and that the information on it is accurate, but we do not guarantee that the Website, or any content on it, will always be available, uninterrupted, or free from errors. We may suspend, withdraw or restrict the availability of all or any part of the Website for business and operational reasons, and we reserve the right to modify or discontinue the Website (or any part of it) at any time without notice.
4. Products and Artworks
The nature of original art. Many of our Products are original, handmade, one-of-a-kind works of art. Each is unique, and slight variations, textures, brushwork and irregularities are inherent characteristics of original artwork rather than defects. Where a Product is an original, only one exists, and it is sold on that basis.
Prints and editions. Where a Product is a print, we describe whether it is an original print (such as an etching, lithograph or silkscreen), a signed and/or numbered limited edition, or a reproduction such as an archival giclée print, together with the edition size where applicable. We aim to describe every Product accurately and honestly.
Colours and images. We take care to display the colours and details of our Products as accurately as possible. However, the actual colours, tones, texture and scale of a Work may differ from how they appear on your device, because screens and settings vary. Images on the Website are for illustration and should not be relied upon as an exact representation. If the precise appearance of a Work matters to you, please contact us before purchasing and we will be glad to provide further images or information.
Availability. All Products are subject to availability. Because many Works are unique, a Product may become unavailable if it has been sold elsewhere. If a Product you have ordered is unavailable, we will inform you as soon as possible and arrange a full refund of any amount paid.
5. Orders and Formation of Contract
If ordering through our Website or by contacting us directly, the following applies. Your order constitutes an offer to purchase a Product from us. All orders are subject to acceptance by us. After you place an order, you may receive an acknowledgement confirming that we have received it; this acknowledgement does not constitute acceptance of your order. A Contract between you and us is formed only when we send you confirmation that we have accepted your order and/or that the Product has been dispatched or made ready for collection.
We reserve the right to refuse or cancel any order at our discretion, including in cases where the Product is unavailable, where there has been an error in the price or description of the Product, or where we suspect fraudulent activity. If we cancel an order after payment has been taken, we will provide a full refund.
6. Prices and Payment
Prices for Products are as stated on the Website or as quoted by us, and are shown in [insert currency, e.g. Euros (€)]. Prices include or exclude applicable taxes as indicated at the point of sale, and [insert whether delivery costs are included or added at checkout].
We take reasonable care to ensure that prices are correct. However, if we discover an error in the price of a Product you have ordered, we will contact you to inform you and to ask whether you wish to continue at the correct price or cancel the order. If we are unable to contact you, we will treat the order as cancelled and notify you.
Payment may be made by the methods indicated at the point of sale [insert accepted payment methods, e.g. credit/debit card, bank transfer, PayPal]. Payment is processed securely by our payment service providers; we do not store your full card details. Full payment is required before a Product is dispatched or released, unless otherwise agreed in writing. Title to (ownership of) a Product passes to you only once we have received payment in full.
7. Delivery, Shipping and Collection
We offer [insert: delivery / shipping / in-gallery collection] as indicated at the point of sale. Delivery costs, methods and estimated timeframes will be set out during the ordering process or quoted separately, and may vary depending on the size, value, fragility and destination of the Work.
Because artworks are fragile and often valuable, we take particular care with packing and shipping, and we may use specialist art couriers or insured shipping for higher-value Works. Any delivery timeframes given are estimates and are not guaranteed. We are not responsible for delays outside our reasonable control (see Section 12).
Risk of loss or damage to a Product passes to you upon delivery, or upon collection where you or your carrier collect the Work. For international shipments, you may be responsible for any import duties, customs charges, or taxes levied in the destination country; these are not included in our prices and are your responsibility.
Please inspect your Work promptly on delivery and notify us as soon as possible of any damage or discrepancy (see Section 9).
8. Right of Withdrawal / Cancellation (Consumers)
If you are a Consumer and you purchase a Product at a distance (for example, online or by telephone) within the European Union, you generally have the right to withdraw from the Contract within 14 days without giving any reason, in accordance with applicable EU and Portuguese consumer protection law.
The withdrawal period expires 14 days from the day on which you (or a third party indicated by you) acquire physical possession of the Product. To exercise the right of withdrawal, you must inform us of your decision by a clear statement, using the contact details in Section 1, before the withdrawal period has expired.
If you withdraw, you must return the Product to us without undue delay and in any event within 14 days of notifying us. You will bear the direct cost of returning the Product. The Product must be returned in its original condition and, where possible, its original packaging. You are responsible for any diminished value of the Product resulting from handling beyond what is necessary to establish its nature, characteristics and functioning.
We will reimburse all payments received from you, including standard delivery costs (but not any supplementary costs arising from your choice of a delivery type other than the least expensive standard delivery we offer), without undue delay and no later than 14 days after we are informed of your decision to withdraw. We may withhold reimbursement until we have received the Product back or you have supplied evidence of having sent it back, whichever is earliest. We will make the reimbursement using the same means of payment you used, unless you agree otherwise.
Please note that certain exceptions to the right of withdrawal may apply under law, for example in the case of goods made to your specifications or clearly personalised (such as certain commissioned works). Where an exception applies, we will make this clear before you place your order.
These withdrawal rights apply to Consumers and do not affect purchases made in person in the gallery or purchases made by business customers, which are governed by Section 10.
9. Damaged, Faulty or Incorrect Products
We want you to be delighted with your purchase. If a Product arrives damaged, is faulty, or is not as described, please contact us as soon as possible, and in any event promptly after you become aware of the issue, providing your order details and, where possible, photographs of the Product and its packaging.
As a Consumer, you have legal rights in relation to Products that are faulty, damaged in transit, or not as described, including the right to a repair, replacement, price reduction or refund as provided under applicable Portuguese and EU consumer law. Nothing in these Terms affects your statutory rights. Where a Product is confirmed to be damaged, faulty or incorrect, we will arrange, at our cost, for its return and for a repair, replacement or refund as appropriate.
10. Business Customers
Where you are not a Consumer (for example, you are buying in the course of a business), the provisions of Section 8 (right of withdrawal) do not apply, and our liability to you is as set out in Section 11. Any separate written agreement between us will take precedence over these Terms to the extent of any conflict.
11. Intellectual Property
Our Website content. All content on the Website, including text, graphics, logos, the “Galeria MonChic” name and branding, page layout, and the selection and arrangement of content, is owned by or licensed to us and is protected by copyright and other intellectual property laws. You may view and use the Website for your own personal, non-commercial use, but you may not copy, reproduce, distribute, republish, or exploit any content without our prior written permission.
Artworks and images of artworks. Copyright and all other intellectual property rights in the Works and in images of the Works remain with the respective artists or rights holders (or with us, where applicable), and are not transferred to you when you purchase a Product. Purchasing a Work gives you ownership of the physical object only. It does not give you the right to reproduce, copy, publish, exhibit commercially, create derivative works from, or otherwise commercially exploit the Work or its image without the prior written consent of the copyright holder. Any resale of the physical Work does not transfer these underlying rights. Certain artists may also enjoy a resale right (droit de suite) under applicable law.
If you wish to reproduce or license an image of a Work, please contact us and we will endeavour to help you obtain the necessary permissions.
12. Limitation of Liability
Nothing in these Terms excludes or limits our liability where it would be unlawful to do so, including liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any statutory rights that cannot be excluded or limited under applicable law, including consumer rights.
Subject to the above, we will not be liable for any loss or damage that is not reasonably foreseeable, or for any indirect or consequential loss. Where we are liable, our total liability arising out of or in connection with a Product shall not exceed the price paid for that Product, except where prohibited by law.
Force majeure. We will not be liable for any failure or delay in performing our obligations where such failure or delay results from events, circumstances or causes beyond our reasonable control, including but not limited to natural disasters, extreme weather, fire, flood, epidemics or pandemics, strikes, acts of government, failures of transport or telecommunications networks, or the acts or omissions of third-party carriers.
13. Privacy and Cookies
Your privacy is important to us. Our collection and use of your personal data in connection with the Website and your purchases is governed by our [Privacy Policy] and [Cookie Policy], which form part of these Terms. Please review them to understand how we handle your personal data.
14. Links to Third-Party Websites
Our Website may contain links to third-party websites. These links are provided for your convenience only. We have no control over the content of those websites and accept no responsibility for them or for any loss or damage that may arise from your use of them.
15. Governing Law and Dispute Resolution
These Terms, their subject matter and their formation, and any dispute or claim arising out of or in connection with them or with any Contract, are governed by and construed in accordance with the laws of Portugal. The courts of Portugal shall have jurisdiction, save that if you are a Consumer, you may also benefit from any mandatory protections and the jurisdiction of the courts of your country of residence within the EU.
Alternative dispute resolution. If you are a Consumer and a dispute arises that we are unable to resolve directly, you may be entitled to refer the matter to an alternative dispute resolution (ADR) entity. In addition, the European Commission provides an Online Dispute Resolution (ODR) platform for consumers, available at: https://ec.europa.eu/consumers/odr. We are also happy to try to resolve any concerns informally — please contact us first using the details in Section 1.
16. Changes to These Terms
We may revise these Terms from time to time to reflect changes in our practices, our Products, or legal or regulatory requirements. The version of the Terms in force at the time you place an order will govern that Contract. We will post the current version on the Website with an updated “Last updated” date, and we encourage you to review these Terms whenever you use the Website or place an order.
17. General
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect. Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision. These Terms constitute the entire agreement between you and us in relation to their subject matter.
18. Contact Us
If you have any questions about these Terms and Conditions, or about a Product or order, please contact us:
Galeria MonChic 8550-233 Monchique, Algarve, Portugal Email: [email protected] Telephone: (+351) 967 392 946