Last updated: February 2025
The Author: Julio Bárcena, ID 07234584A, with registered address in Sant Just Desvern, Barcelona, Spain, hereinafter «THE AUTHOR».
The Buyer: Individual or legal entity that acquires photographic work from THE AUTHOR, hereinafter «THE BUYER».
The Work: Original photograph printed on physical medium (archival paper, aluminum, methacrylate or other specified material), hereinafter «THE WORK».
The Site: E-commerce platform accessible at www.juliobarcena.com, hereinafter «THE SITE».
Exhibitions: Sales made at galleries, art fairs or in-person events organized by or in which THE AUTHOR participates.
By making a purchase, whether online or in person, THE BUYER declares that:
• They are of legal age and have the legal capacity to enter into contracts.
• They have read, understood and fully accept these General Terms and Conditions of Sale.
• They guarantee the truthfulness and accuracy of the data provided.
• They undertake to comply with applicable legislation regarding e-commerce and data protection.
These Terms and Conditions prevail over any previous agreement and may be modified by THE AUTHOR at any time. Modifications will not affect contracts already formalized.
The works sold are photographic prints in limited edition with the following characteristics:
Limited Edition:
Each photograph is produced in a limited number of copies, numbered sequentially (for example: 1/10, 2/10, etc.). Once the edition is sold out, no more copies of that work will be produced in that format and size.
Numbering and Signature:
Each print is hand-signed by THE AUTHOR and includes:
• Copy number and edition total (e.g.: 3/25)
• Author’s signature
• Title of the work (if applicable)
• Year of creation or printing
Certificate of Authenticity:
Every work comes with a certificate of authenticity that includes:
• Title of the work
• Technique and materials used
• Dimensions
• Edition number
• Author’s signature
• Certificate issue date
Premium Materials:
Prints are made with museum-quality archival materials:
• Acid-free Fine Art papers (Hahnemühle, Canson, etc.)
• Archival pigment inks (resistance +100 years)
• High-quality rigid supports (dibond, methacrylate, wood, etc.)
• Professional framing available upon request
Note on Special Editions: Some works may be offered in multiple sizes, each constituting an independent edition. For example, the same photograph may have an edition of 25 copies in 40×60 cm format and another edition of 10 copies in 100×150 cm format.
All prices displayed on THE SITE are expressed in Euros (EUR) and include the current Spanish VAT (currently 21% for works of art), unless expressly stated otherwise.
Price Modifications:
THE AUTHOR reserves the right to modify prices at any time without prior notice. Works will be invoiced at the price in effect at the time of order confirmation.
International Sales:
For shipments outside Spain:
• Prices may not include customs duties, import taxes or customs fees of the destination country.
• THE BUYER, as legal importer, is responsible for knowing and complying with their country’s legislation.
• THE BUYER assumes any additional costs arising from taxes, duties or customs procedures.
• THE AUTHOR will provide necessary documentation (commercial invoice, certificate of origin) to facilitate customs clearance.
Retention of Title:
THE WORK shall remain the property of THE AUTHOR until full payment of the agreed price is received. Delivery of THE WORK does not imply transfer of ownership until payment is effective.
Order Cancellation for Non-Payment:
THE AUTHOR reserves the right to cancel or refuse any order in case of:
• Suspected fraud or misuse
• Non-payment of previous orders
• Pending disputes regarding previous payments
• Incorrect or suspicious contact or payment information
Online Purchases:
• Credit/debit card: Visa, Mastercard, American Express (processed through Stripe or equivalent secure platform).
• PayPal: For buyers who prefer this payment gateway.
• Bank transfer: Available for orders over €500. Order is reserved for 5 business days until payment is received.
• Financing: Available for purchases over €1,000 through external providers (conditions subject to approval).
Banking Data Security:
Banking details (card number, expiration date, CVV) are NOT communicated or stored by THE AUTHOR. They are processed directly by PCI-DSS certified payment gateways.
In-Person Purchases:
• Credit/debit card (physical POS terminal)
• Cash (with invoice or receipt issued upon buyer’s request)
• Bank transfer (for high-value purchases)
Commissioned Works:
For custom prints or non-standard formats:
• A detailed quote will be issued in advance.
• A 50% deposit is required to begin production.
• The remaining 50% will be paid before delivery or shipment of THE WORK.
• Production times will be specified in the quote (generally 15-30 business days).
Online Purchase – Step by Step:
1. Selection: Browse the gallery and select the desired WORK.
2. Format: Choose the size, material and available framing options.
3. Add to cart: Review the summary of your selection (work, format, price).
4. Shipping details: Complete your billing information and delivery address.
5. Shipping method: Select from available options (standard, express, in-person pickup).
6. Payment: Choose your preferred payment method and complete the transaction.
7. Confirmation: You will receive a confirmation email with your order details and tracking number (when applicable).
Availability:
All works displayed on THE SITE are subject to availability. In case of sold-out limited editions or works in production:
• Status will be clearly indicated («Sold Out», «In Production», «Last Units»).
• THE AUTHOR will contact THE BUYER in case of unavailability after the order.
• Full refund or equivalent alternative will be offered.
Order Confirmation:
The sales contract is perfected at the moment THE BUYER receives the order confirmation email. This email includes:
• Order number
• Details of THE WORK purchased
• Total price (including shipping costs)
• Delivery address
• Estimated delivery time
• Link to these General Terms and Conditions of Sale
Delivery Options:
6.1. In-Person Pickup (Barcelona):
• Free of charge
• Available by appointment at THE AUTHOR’s studio
• Date and time will be coordinated by email or phone
• THE WORK is delivered packaged and protected, ready for transport
6.2. National Shipping (Spain Peninsula and Balearic Islands):
• Specialized art courier service
• Professional packaging included
• All-risk insurance included up to declared value
• Timeline: 3-7 business days
• Online tracking available
• Costs according to weight and dimensions (calculated at checkout)
6.3. International Shipping (Europe and worldwide):
• Specialized international courier (DHL, FedEx, etc.)
• Reinforced packaging for international transport
• All-risk insurance included
• Timeline: 7-15 business days (Europe), 10-20 days (rest of world)
• Customs documentation included
• Important: THE BUYER assumes customs duties, import VAT and customs fees of their country
Professional Packaging:
All works are packaged with high-quality protective materials:
• Acid-free paper
• Rigid cardboard corner protectors
• Bubble wrap
• Double-wall reinforced boxes
• Visible «FRAGILE – WORK OF ART» marking
• Transport insurance included
Responsibility During Transport:
• THE AUTHOR assumes responsibility until delivery confirmed by the courier company.
• THE BUYER must inspect the package in the presence of the carrier.
• Any visible damage must be documented with photos and the delivery refused or incident noted on the delivery note.
• Once the package is accepted without incident, THE WORK is considered to have arrived in perfect condition.
Delivery Delays:
THE AUTHOR is not responsible for delays caused by:
• Carrier strikes
• Adverse weather conditions
• Customs holds
• Incorrect or incomplete addresses provided by THE BUYER
• Absence of recipient during delivery attempts
Applicable only to: Private consumers in online purchases made through THE SITE. Not applicable to in-person sales, businesses or customized products.
Withdrawal Period:
THE BUYER has 14 calendar days from receipt of THE WORK to exercise their right of withdrawal without needing to provide justification.
Conditions for Exercising the Right:
• THE WORK must be returned in perfect condition, unused, unmounted and in its original packaging.
• The certificate of authenticity must be returned together with THE WORK.
• It must not show signs of use, handling, mounting or exposure to direct sunlight.
• THE BUYER must notify their intention to return THE WORK by email to [email protected].
Return Procedure:
1. Notification by email indicating order number and reason for return.
2. THE AUTHOR will confirm acceptance of the return and provide instructions.
3. THE BUYER must package THE WORK securely (preferably with original packaging).
4. THE BUYER assumes return shipping costs.
5. Once THE WORK is received and verified in perfect condition, THE AUTHOR will refund the full amount within a maximum period of 14 days.
Return Costs:
Return shipping costs are borne by THE BUYER, unless THE WORK has manufacturing defects or shipping errors.
Refund:
The refund will be made using the same payment method used in the original purchase. The refunded amount includes:
• Price of THE WORK
• Original shipping costs (if return is due to THE AUTHOR’s defect)
• Does NOT include original shipping costs if return is due to voluntary withdrawal
Exceptions to the Right of Withdrawal:
The right of withdrawal does NOT apply to:
• Customized works or produced to buyer’s specific order.
• Purchases made by companies or professionals.
• In-person sales at galleries, fairs or exhibitions.
• Works whose sealed packaging has been opened and cannot be returned for hygiene or protection reasons.
Damaged or Defective Work:
If THE WORK arrives damaged or has manufacturing defects not attributable to transport:
• THE BUYER must report it within a maximum period of 48 hours from receipt.
• Clear photographs of the damage or defect must be provided.
• THE AUTHOR assumes all return and replacement costs.
• A new copy will be sent or the full amount refunded according to buyer’s preference.
Shipping Error:
If THE BUYER receives a work different from the one requested:
• THE AUTHOR assumes all correction costs.
• The correct work will be sent at no additional cost.
• Collection of the incorrect work will be coordinated at no cost to THE BUYER.
Quality Guarantee:
THE AUTHOR guarantees that all works:
• Are printed with museum-quality archival materials.
• Are UV light resistant for over 100 years under normal display conditions.
• Are free from manufacturing defects.
• Correspond faithfully to the images and descriptions shown on THE SITE.
Exchanges by Buyer’s Preference:
Work exchanges by personal preference are subject to:
• Availability of the desired alternative work.
• Additional shipping costs borne by THE BUYER.
• Return of the original work in perfect condition.
• Price difference (if new work is more expensive) or refund of difference (if less expensive).
In-Person Sales:
For purchases made at galleries, exhibitions or fairs:
• Right of withdrawal does not apply (physical in-person purchase).
• Returns only accepted in case of demonstrable manufacturing defect not attributable to THE BUYER.
• Buyer must inspect THE WORK before acquiring it.
IMPORTANT: The purchase of a physical copy of THE WORK does NOT transfer any intellectual property rights over the image.
Rights that ARE transferred with the purchase:
• Physical ownership: THE BUYER owns the physical object (the printed copy).
• Right of private display: May exhibit THE WORK in their home, office or private space.
• Right of resale: May resell the acquired physical copy (with its numbering and certificate), subject to the author’s resale right (droit de suite) if applicable by law.
Rights that are NOT transferred (reserved to THE AUTHOR):
• Reproduction: Cannot copy, scan, photograph or reproduce THE WORK in any medium.
• Public distribution: Cannot sell copies, replicas or reproductions of THE WORK.
• Public communication: Cannot publish images of THE WORK on social media, websites, catalogs or public media without written authorization.
• Transformation: Cannot modify, alter, crop or adapt THE WORK.
• Commercial use: Cannot use THE WORK in advertising, promotions, packaging, branding or any commercial purpose.
Personal and Decorative Use:
THE BUYER acquires THE WORK exclusively for:
• Personal enjoyment and decoration of private spaces.
• Display in their home, private office or personal collection.
• Private contemplation and artistic appreciation.
Strict Prohibitions:
• Unauthorized digitization: Scanning, photographing or digitizing THE WORK for any use other than personal collection documentation.
• Social media posting: Uploading images of THE WORK to Instagram, Facebook, Pinterest or other platforms without written permission from THE AUTHOR.
• Creating copies: Commissioning additional prints or replicas from third parties.
• Use in promotional materials: Including THE WORK in catalogs, brochures, corporate websites or marketing materials without specific license.
Authorization Requests:
If THE BUYER wishes to:
• Publish THE WORK in a catalog of their collection.
• Share an image on social media.
• Use THE WORK in a specific project.
• Lend THE WORK to a public exhibition.
They must request prior written authorization at [email protected]. THE AUTHOR will study each request and may grant free authorization or through specific license depending on the case.
Artist’s Resale Right (Droit de Suite):
In accordance with Spanish and European legislation on copyright, in case of resale of THE WORK in the secondary market (galleries, auction houses, dealers) for a price exceeding €2,000, THE AUTHOR has the right to receive a percentage of the sale price according to the established legal scale.
Personal data provided by THE BUYER during the purchase process will be processed by Julio Bárcena as data controller, in accordance with:
• Regulation (EU) 2016/679 of the European Parliament (GDPR).
• Spanish Organic Law 3/2018 on Personal Data Protection and Guarantee of Digital Rights (LOPDGDD).
Purpose of Processing:
• Order management and processing.
• Invoice issuance and shipping status communication.
• Handling inquiries, incidents and exercise of rights.
• Compliance with legal obligations (invoice retention, etc.).
• Sending commercial communications (only with prior express consent).
Legal Basis:
Performance of the sales contract and compliance with legal obligations.
Data Retention:
Data will be retained for the time necessary to comply with legal obligations (minimum 6 years according to tax legislation) and subsequently blocked during the statute of limitations periods for possible liabilities.
Buyer’s Rights:
THE BUYER may exercise their rights of access, rectification, erasure, limitation, portability and objection by writing to:
Email: [email protected]
Postal address: Sant Just Desvern, Barcelona, Spain
Likewise, they have the right to file a complaint with the Spanish Data Protection Agency (AEPD).
For more information, please refer to the complete Privacy Policy available on THE SITE.
THE AUTHOR’s Guarantees:
• Authenticity and originality of all works sold.
• Print and material quality according to museum standards.
• Correct numbering within each limited edition.
• Professional and secure packaging for transport.
Liability Limitations:
THE AUTHOR shall not be liable for:
• Damage from improper use: Incorrect handling, exposure to extreme conditions (humidity, direct sunlight, heat), improper mounting.
• Natural deterioration: Fading or deterioration from prolonged exposure outside recommended museum conditions.
• Third-party delays: Delivery delays caused by transport companies, customs or force majeure.
• Duties and taxes: Import costs, VAT or customs fees on international shipments.
• Subjective loss of value: Fluctuations in the art market or changes in THE WORK’s valuation.
Force Majeure:
Neither party shall be liable for breaches arising from force majeure circumstances, including but not limited to:
• Natural disasters, pandemics, wars, riots.
• General or transport sector strikes.
• Severe failures in technological or communication infrastructure.
• Government restrictions or unforeseen regulations.
• Fires, floods or other extraordinary events.
In such cases, THE AUTHOR will notify THE BUYER and obligations will be suspended until the force majeure cause ceases.
These General Terms and Conditions of Sale are governed by Spanish law, particularly:
• Royal Legislative Decree 1/2007, Consolidated Text of the General Law for the Defense of Consumers and Users.
• Law 34/2002, on Information Society Services and Electronic Commerce.
• Royal Legislative Decree 1/1996, Intellectual Property Law.
• Spanish Civil Code regarding sales contracts.
Dispute Resolution:
1. Voluntary mediation: The parties undertake to attempt to resolve any dispute through direct good faith negotiation.
2. Online Dispute Resolution Platform: For online purchases, THE BUYER may access the European online dispute resolution platform available at https://ec.europa.eu/consumers/odr.
3. Competent jurisdiction: In case an amicable agreement cannot be reached, the parties submit to the Courts and Tribunals of Barcelona, Spain, with express waiver of any other jurisdiction that may correspond to them, unless consumer protection legislation establishes another jurisdiction imperatively.
Modification of Terms:
THE AUTHOR reserves the right to modify these General Terms and Conditions of Sale at any time. Modifications will be published on THE SITE with indication of the last update date and will enter into force from their publication.
Modifications will not affect orders already confirmed, which will be governed by the terms in force at the time of purchase.
Partial Invalidity:
If any provision of these Terms and Conditions were declared null or inapplicable by a competent court, such nullity will not affect the validity of the remaining provisions, which will remain in full force and effect.
Waiver:
The failure by THE AUTHOR to require strict compliance with any of these terms and conditions does not constitute a waiver of their right to require it in the future.
Contract Language:
These Terms and Conditions are drafted in English. In case of translation to other languages, the English version will prevail in case of interpretive discrepancy.
Contact:
For any inquiry, complaint or exercise of rights related to these General Terms and Conditions of Sale, you may contact THE AUTHOR at:
Email: [email protected]
Address: Sant Just Desvern, Barcelona, Spain
Website: www.juliobarcena.com
Julio Bárcena – Fine Art Photography
Barcelona, Spain
[email protected]
www.juliobarcena.com