Terms of service
TERMS OF SERVICE
OVERVIEW
This website and online store are operated by Svetlana Malakhova, trading as Lana Tafanel (“we”, “us”, “our”), an independent artist operating in Spain.
Svetlana Malakhova (Lana Tafanel)
Email: lanatafanel@gmail.com
Full seller details are available in our Legal Notice and on our Contact page.
Our store is hosted on Shopify and sells physical artworks: original oil paintings, original hand-pulled linocuts (linogravures) and fine art prints (the “Products”).
These Terms of Service govern your use of this website and any purchase you make from us. They should be read together with our Privacy Policy, Cookie Policy, Legal Notice, Shipping Policy and Return Policy. Nothing in these Terms limits or excludes any mandatory rights you have as a consumer under applicable European Union or national law.
You accept these Terms when you tick the acceptance box at checkout and place your order. Browsing the website is also subject to the sections on intellectual property, automated access and third-party links.
- ELIGIBILITY AND YOUR INFORMATION
To place an order you must be at least the age of majority in your country of residence. You agree to provide accurate and complete billing, contact and delivery information. You are responsible for keeping any account credentials confidential.
- ARTWORKS AND PRODUCT DISPLAY
We make every effort to show the colours, textures and dimensions of our Products accurately. However:
Colour display: colours may vary depending on your screen settings and device.
Original oil paintings: each painting is hand-painted and has unique textures, brushstrokes and surface characteristics. These are features of the work, not defects.
Original linocuts (linogravures): each print is inked and pulled by hand. Subtle variations in ink coverage, paper margins and texture are natural to traditional relief printmaking and make each print unique.
Fine art prints and editions: prints are produced with archival inks on fine art paper. Limited editions are numbered and signed as stated in the product description.
Product descriptions, dimensions and condition notes form part of the description of the Product you are buying. The characteristics described above are part of what we agree to sell and are not, in themselves, a lack of conformity. They do not affect your legal guarantee rights (see section 10).
Availability: all Products are subject to availability. Original works are unique and may be sold elsewhere before your order is confirmed. If a Product is no longer available, we will inform you promptly and refund any payment already made.
- ORDER PROCESS AND CONTRACT FORMATION
When you place an order, you make an offer to purchase. You will receive an automatic email acknowledging receipt of your order. The contract of sale is formed when we send you an order confirmation or dispatch notice.
Before you place your order, you will be shown the main characteristics of the Product, the total price including taxes, delivery costs, the right of withdrawal and the payment obligation. The order button is labelled to make clear that placing the order creates an obligation to pay.
We may refuse or cancel an order before dispatch only for justified reasons, such as stock unavailability, an obvious pricing or listing error, or suspected fraud. We will tell you without delay and refund any amount already paid to your original payment method.
- PRICES, TAXES AND PAYMENT
Currency and prices: all prices are in euros (€). Prices shown to consumers in the EU-UK-CH include VAT (IVA) where it applies.
Orders delivered outside the EU-UK-CH: Spanish VAT is generally not charged on exports. Import duties, customs charges and local taxes in the destination country (for example the USA, the UK or Switzerland) are not included in the price, are set by the authorities of that country and are payable by the recipient.
Shipping costs: delivery costs are shown at checkout before you pay.
Payment: payments are processed by third-party providers (such as Shopify Payments, Stripe or PayPal). You confirm that you are authorised to use the payment method you choose. We do not store your full card details.
- SHIPPING, DELIVERY AND RISK OF LOSS
We pack artworks with great care. Estimated delivery times are shown at checkout and in our Shipping Policy. Unless we agree otherwise with you, we will deliver your order within 30 days of the contract being formed. If we cannot meet this deadline, you may have the rights provided by law, including cancelling the contract and receiving a refund.
For orders outside the EU, delivery may be delayed by customs procedures beyond our control.
Risk of loss: in accordance with Article 66 ter of the Spanish consumer law (TRLGDCU), the risk of loss or damage to the Product during transit remains with us until you, or a third party you designate (other than the carrier), take physical possession of it.
Transit damage: if the package arrives visibly damaged, please take photos before and after opening and contact us as soon as possible at lanatafanel@gmail.com so that we can resolve the matter with the carrier. Where possible, note the damage on the carrier’s delivery document.
- RIGHT OF WITHDRAWAL (CONSUMERS)
This section applies to consumers only.
If you are a consumer, you have the right to withdraw from the contract within 14 calendar days, without giving any reason. The period starts on the day you (or a third party you designate, other than the carrier) receive the Product. If your order contains several Products delivered separately, it starts when you receive the last one.
To exercise this right, you must tell us clearly that you wish to withdraw. You can do so by:
- using the withdrawal function available on our website; or
- sending the model withdrawal form below by email to lanatafanel@gmail.com;
Model withdrawal form (complete and send only if you wish to withdraw):
To: Svetlana Malakhova (Lana Tafanel), lanatafanel@gmail.com
I hereby give notice that I withdraw from my contract of sale of the following goods: (description / order number)
Ordered on / received on: (date)
Name of consumer:
Address of consumer:
Date:
Signature (only if this form is sent on paper):
Refund: we will refund all payments received, including standard delivery costs, without undue delay and no later than 14 days after we are informed of your decision to withdraw. We may withhold the refund until we have received the Product back or you have provided proof that you have sent it back, whichever is earlier. We will refund using the same payment method you used for the order.
Return of the Product: you must send the Product back to us without undue delay and no later than 14 days after telling us you withdraw. The return address is stated in our Return Policy and will be confirmed by us when you notify your withdrawal. You bear the direct cost of returning the Product, unless we have agreed otherwise. Because artworks are fragile, you must return the Product in its original condition, in adequate and protective packaging, and with appropriate insurance. Please contact us before returning so that we can give packing advice. You are responsible for any loss in value of the Product resulting from handling beyond what is necessary to establish its nature and condition.
Exceptions: the right of withdrawal does not apply to goods made to your specifications or clearly personalised (commissioned works, “obras por encargo”), in accordance with Article 103(c) of the TRLGDCU. We will tell you before you order if a Product falls under this exception.
Further details are in our Return Policy.
- BUSINESS BUYERS
If you are buying for business or professional purposes, the withdrawal right in section 6 and the consumer guarantee rights in section 10 do not apply to you. Your order is then subject to the other provisions of these Terms and to applicable law.
- INTELLECTUAL PROPERTY
When you buy a Product, you acquire ownership of that physical item. You do not acquire any copyright or other intellectual property rights in the artwork.
All copyright, reproduction rights, digital rights and moral rights remain with Svetlana Malakhova (Lana Tafanel).
You may not, without our prior written permission, reproduce, scan, photograph for commercial use, distribute, modify, create derivative works from, or commercially exploit the images of any artwork, or any text, image or content on this website.
You remain free to own, display, lend, gift or resell the physical item you purchased. Please note that under Spanish law an artist resale right (derecho de participación) may apply to later resales involving art-market professionals.
- AUTOMATED ACCESS, DATA MINING AND AI
We expressly reserve our rights over the content of this website, including the right to opt out of text and data mining under Article 4 of Directive (EU) 2019/790 and its Spanish transposition. The collection of our images or texts by automated means, including scraping and the use of content to train or operate artificial intelligence systems, is not permitted without our prior written consent. We also express this reservation in machine-readable form, such as in our robots.txt file and website metadata.
- LEGAL GUARANTEE OF CONFORMITY
As a consumer, you have a legal guarantee of conformity of 3 years from delivery for new goods.
If a Product does not conform to the contract, you are entitled, under the TRLGDCU, to have it repaired or replaced free of charge. If repair or replacement is not possible, is disproportionate or is not carried out within a reasonable time, you are entitled to a price reduction or to terminate the contract and receive a refund.
The characteristics of handmade artworks described in section 2 are not defects. Nothing in these Terms limits your mandatory legal rights.
To make a claim, contact us at lanatafanel@gmail.com with your order number and, where relevant, photos.
- ERRORS AND INACCURACIES
We take care to keep our product information accurate. If an obvious error in a price, description or availability is discovered before dispatch, we may correct it and offer you the option of confirming your order at the corrected terms or cancelling it. If you cancel, or we cannot supply the Product, we will refund you in full without delay.
- THIRD-PARTY TOOLS AND LINKS
Our store uses Shopify and may use other third-party services such as payment providers, shipping tools and image viewers. We are not responsible for third-party websites or services, which are governed by their own terms and privacy policies. How we handle your personal data is described in our Privacy Policy.
- LIABILITY
Nothing in these Terms excludes or limits our liability for death or personal injury, for fraud, intentional misconduct or gross negligence, or for any liability that cannot be excluded or limited under applicable law, including your rights as a consumer.
Subject to the above, and for business buyers only, we are not liable for indirect or consequential losses, and our total liability for any claim relating to a purchase is limited to the price paid for the Product concerned.
- SEVERABILITY
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions remain in force.
- GOVERNING LAW, COMPLAINTS AND DISPUTES
These Terms and any contract of sale are governed by Spanish law. If you are a consumer residing in the EU, you also keep the protection of the mandatory consumer provisions of the law of your country of residence.
Complaints: if you are not satisfied, please contact us first at lanatafanel@gmail.com and we will try to resolve the matter promptly. A complaint form (hoja de reclamaciones) is available on request. Consumers may also contact the consumer protection authorities of their place of residence.
Jurisdiction: if you are a consumer, you may bring proceedings before the courts of your place of residence. For business buyers, the competent courts are those of Girona, Spain.
- CONTACT
Svetlana Malakhova (Lana Tafanel)
Email: lanatafanel@gmail.com
Full contact and legal details are available in our Legal Notice and on our Contact page.