HELAREA FINE ART, S.L.U. (hereinafter, HELAREA) has created an online intermediation platform, through the website www.helarea.com (hereinafter, the "Portal"), with the ultimate purpose of mediating in the art market, by providing its users with a contact web portal for the purchase and sale of works of art and handicrafts (hereinafter, "Artwork/s"). Consequently, HELAREA does not act as a seller of any product nor does it acquire possession or ownership of the same.

In compliance with the provisions of Article 10 of Law 34/2002, of July 11, 2002, on Information Society Services and Electronic Commerce, the following data of HELAREA are set out below:

Company name: HELAREA FINE ART, S.L.U.
Registry data: Sheet M-705.530 Volume 39.706 Folio 140 Section 8ª.
Registered office: c/ Paseo de la Castellana, 259, C, 43rd floor, Madrid - 28.046
C.I.F.: B-88478359
E-mail: info@helarea.com

These general conditions (hereinafter, the "General Conditions") govern the use of all services and content that HELAREA makes available to users who will purchase Works on the Portal in accordance with these General Conditions (hereinafter "User/s").

By simply using the Portal, the User expresses full and unreserved acceptance of these General Terms and Conditions, which may be modified by HELAREA at any time. Consequently, the user must, under his/her responsibility, read these General Terms and Conditions carefully each time he/she intends to use the Portal.

The User declares to have read, understood and accepted the present General Conditions which have been made known and available to him/her prior to their acceptance. Likewise, these General Conditions are available to the User at any time and free of charge on the website www.helarea.com.

1 - PURPOSE

The Portal is an intermediation platform whose exclusive purpose is the intermediation in the purchase and sale of Works between Artists and Users, by means of its promotion and diffusion.

By virtue thereof, HELAREA's services (hereinafter the "Services") are limited to (i) online intermediation, exempting itself from any liability for the Works, since it is not a party to the purchase and sale transaction, (ii) receiving on behalf of the User the amount paid for the price of the Works, including the associated expenses, from which HELAREA's commission shall be deducted, the artist who created the Works being sold having previously accepted this, as well as the transportation costs.

Consequently, the Artist shall be solely responsible for the authenticity, origin, quality and condition of the Works published and sold on the Portal.

2 - PORTAL ACCESS

The Services will be provided online through the Portal.

The User may access the same through computer equipment, mobile devices (cell phones, PDAs), television and other telematic channels as long as they are compatible with the Portal.

The functionalities of the Service will be the same when accessed through mobile devices or other means other than computer equipment, always taking into account that some may not be fully operational due to the characteristics of the devices and/or the physical or practical impossibility of being able to complete certain procedures and/or requirements previously established by the applicable regulations.

Although it is not necessary, in order to access the content and functions of the Portal, Users may create an account by filling in all the required fields in the User registration form and establishing a password (hereinafter the "Access Key"). In order to access the registration, it is a requirement to read and accept these General Terms and Conditions.

Users are obliged to provide truthful information in the registration and/or purchase process and to keep it duly updated. By registering on the Portal, the User declares and guarantees that (i) he/she is of legal age, (ii) has sufficient capacity to act, (iii) has read and accepted the General Conditions, the cookies policy and the privacy policy.

The User is solely responsible for the Password. In the event of loss, theft or misappropriation of the Access Password by the User, the User must immediately notify HELAREA in writing of such circumstance, and HELAREA shall be obliged to cancel and/or block the Access Password as soon as possible.

The User shall be responsible for obtaining the terminals, software, and/or any equipment necessary to access the Portal and use the Services, as well as the expenses that may arise therefrom.

In any case, HELAREA shall not be liable for the interruption of the operation of the Portal whenever it is caused by force majeure, network maintenance, and/or server or hosting failure.

HELAREA shall not be responsible for the state, condition or authenticity of the Works. The Artist shall be solely and exclusively responsible. By virtue thereof, Users exonerate HELAREA as to the truthfulness of the condition and authenticity of the Works, and HELAREA does not guarantee the accuracy and completeness of the information. Users who consent to the acquisition of the Works shall do so at their own discretion and responsibility.

HELAREA will publish audiovisual content on the Portal in connection with the Artist and the Works so that it may be viewed by Users.

3 - ACCESS TO SERVICES

The Client may access the Portal Services through the following options.

3.1. Access with registration

Through this form of contracting, HELAREA grants the User access to the Portal free of charge, creating for this purpose their own profile through which they can make purchases.

Upon termination of the Service, HELAREA reserves the right to cancel the User's Password. Likewise, the User may cancel the subscription at any time through his/her profile or by contacting HELAREA.

3.2. Access without registration

Through this form of contracting, the data that will be requested to the User will be exclusively those essential to be able to carry out the processing of the purchase.

4 - PRICES AND SHIPPING COSTS

The price of the Works will be the one established by the Portal at any given time, unless there is a manifest error. Any error in the price of the Works already ordered by the User shall be reported to the User as soon as possible, offering the User the option of cancelling the order or reconfirming the order at the correct price. In the event that HELAREA is unable to contact the User, HELAREA shall be entitled to cancel the order and reimburse the User for the total amount paid.

The prices stipulated in the Portal include VAT, or any other applicable taxes or duties, but exclude the shipping costs of the Works, which will be added to the total amount.

Shipping costs will vary depending on the time of collection and delivery, territorial scope and size and weight of the Works.

5 - PURCHASE AND PAYMENT

The purchase of Works shall be made through the Portal, following the procedure established for this purpose.

The User shall pay the price of the Works, transportation costs and any associated expenses, through HELAREA's secure payment system opened with STRIPE ( LINK TO ITS TERMS AND CONDITIONS).

Payment data will not be kept by HELAREA, but by its payment service provider, unless the User decides to enter them at the time of registering on the Portal.

The form of payment shall be made by the User by payment by credit or debit card from a banking authority authorized for this purpose, the User accepting that the payment service provider will charge it for this purpose. The User guarantees that the data provided in relation to his card are perfectly valid.

Payment is equivalent to acceptance of the terms and conditions of the order placed and, in particular, of the General Terms and Conditions.

Once the price and other corresponding taxes and expenses have been paid, HELAREA shall send the User an e-mail confirming the order and receipt of payment. From this moment on, the purchase-sale formalized between the User and the Artist through HELAREA shall be deemed to be completed.

The User agrees that the receipt of invoices for the price of the Works and for the amount of transport costs will be issued electronically, respectively, by the Artist and by the third party carrier.

6 - DELIVERY OF THE WORK

The shipment of the Works will be carried out through the third party/parties available on the Platform and which will be contracted for this purpose by the Client, the latter having to assume the costs associated with transport services. The taking of material possession of the Work (hereinafter, "Delivery" or "Reception"), shall be made at the address indicated by the User, which may be established only in national territory.

In the event of impossibility of Delivery for reasons not attributable to HELAREA, the Artist or the carrier, such as, for example, in the event that the Delivery address provided is incorrect, the User shall bear all additional costs applicable in each case.

In case of impossibility of delivery due to failure of the User or the person authorized for that purpose to appear at the address indicated up to two times, HELAREA shall be entitled to cancel the order. Such cancellation shall entail the reimbursement of the amounts paid to the User, except for the costs of packaging, shipping and return of the Artwork to the Artist, for which the User shall be responsible.

Some orders may be available exclusively for certain geographic areas.

Under no circumstances will deliveries be made on Saturdays or Sundays, as well as on public holidays.

Except in cases of force majeure, if it is not possible to meet the delivery date, the User will be informed of this circumstance and will be offered the option to continue with the purchase, establishing a later delivery date, or to cancel the order with the consequent refund of the total amount paid.

Likewise, in the event that the carrier rejects the request for transportation services within twenty-four (24) hours of receipt of such request, the Customer shall be offered the services of another transportation company presented by HELAREA, or the cancellation of the order with the consequent reimbursement of the total amount paid.

At the time of Delivery, the User will receive, in addition to the Work itself, the invoice, the certificate of authenticity and condition report issued by the Artist, as well as the delivery note.

HELAREA shall in no event be liable for damages, flaws, loss, non-conformity, delay in Delivery or authenticity of the Work, in the process of transportation and Delivery of the Work. On the contrary, such liability shall be borne exclusively by the Artist or, as the case may be, by the carrier.

Any incident related to the transportation and delivery of the Work shall be immediately reported by the User to the carrier and to HELAREA.

7 - RIGHT OF WITHDRAWAL.

The User shall have a period of fourteen (14) calendar days from the time of Delivery to submit a claim to HELAREA regarding the transaction. Otherwise, the User's consent to the transaction shall be deemed to have been given, and further claims against HELAREA shall be excluded.

The computation of the period for exercising the right of withdrawal shall commence at the time of Delivery to the User or to a third party other than the carrier.

By virtue of the right of withdrawal, the User shall return to HELAREA the Artwork purchased from the Artist and HELAREA shall also return to the User all amounts paid, except for the shipping costs of the Artwork.

The refund of the amounts to the User shall be made through the same means of payment used by the User and the Work shall be returned to the Artist at the address from which the Work was delivered to the carrier, in the same conditions in which it was delivered, including the original packaging.

HELAREA may withhold reimbursement until the Artist has received the Artwork or until the User provides proof of return.

The User, if he/she is not a consumer, shall bear the costs associated with the return of the Work and, likewise, shall be responsible for the risks associated with its shipment, and the Work must be returned by the same means by which it was initially delivered, in the same box or in one of identical characteristics and, in any case, with packaging that ensures maximum protection of the Work.

Under no circumstances may framed or personalized Works be subject to this right of withdrawal, at the User's request, as well as any other Works that, due to their nature, cannot be returned or may deteriorate.

8 - RETURN OF DEFECTIVE WORK

In the event that a Work is not in good condition at the time of Delivery for reasons not attributable to the User, or if the Work is not authentic, the User shall be entitled to return the Work and to a refund of the amounts paid, after notifying HELAREA of the reason for the return, and the Customer shall bear the transportation and packaging costs associated with the return. Such packaging must be appropriate to the type and nature of the Work and the transport must be carried out by the same transport company that made the Delivery.

HELAREA may withhold reimbursement until the Artist has received the Artwork or until the User provides proof of return.

HELAREA shall pay the price of the Artwork to the Artist, less HELAREA's commission, on the twenty-fifth (25th) day of the month following the month of purchase, or on the immediately following business day, provided that no claims have been filed by the User.

HELAREA shall act as an intermediary agent in the filing of claims and shall withhold the economic amount involved in the transaction until (i) otherwise indicated by the User or the corresponding legal entity (ii) the period of 30 calendar days from the communication to HELAREA of the dispute or claim has elapsed. HELAREA shall not bring any legal action on behalf of the User.

9 - USE

The User is the only accredited holder for the access and use of the profile created in the Portal, so he/she is responsible for not providing the Access Key to third parties outside the Portal.

The User undertakes to use the Service in accordance with the law, morality and generally accepted good customs and public order, as well as to refrain from using data obtained from the Portal and provided by the User for illicit purposes, trade, harmful to the rights of third parties or in a manner that may harm third parties.

The User also agrees not to (i) reproduce, copy, distribute, sell, trade, resell, transmit, assign, disseminate, allow access to the public through any form of communication, transform, alter or modify the information of the Service (ii) alter, circumvent or infringe the copyright of HELAREA (iii) share the information or content of the Service to third parties outside the Portal and the User, for these purposes, related companies, subsidiaries, affiliates or group companies to which the User belongs, as well as any organization, of any nature, to which the User belongs, shall also be considered third parties (iv) not to contact, negotiate or complete any type of transaction regarding the Works, (v) to use the Portal with due respect for the rest of the Users.

In the event of total or partial non-compliance with these terms and conditions, HELAREA reserves the right to (i) block the User's profile so that he/she cannot use the Portal, (ii) take any legal action it has the right to take with the ultimate objective and purpose of demanding due compliance as well as any damages that may have been caused.

The User shall be liable for any damages, regardless of their nature, that may be caused as a result of the breach of any of these rules.

10 - INSURANCE POLICY

HELAREA provides Users with a national transport insurance policy for the Works taken out with the insurance company LIBERTY MUTUAL INSURANCE EUROPE LIMITED (Branch in Spain), domiciled in [.], in force for the period from [.] to [.]. The User may request HELAREA to send the conditions governing the insurance policy.

The coverage granted by such policy is the shipment of Works, with packaging appropriate to their kind and nature, carried out by those transportation companies presented by HELAREA to the User.

By virtue thereof, the User shall, among other things, notify the insurance company of the occurrence of the loss within a maximum period of seven (7) days from the date on which it became known, and the insurer may claim damages caused by the failure to notify the same, unless it is proven that it had knowledge of the loss by other means. Likewise, the User shall be obliged to always keep the packaging of the Work for its examination by the insurance company's experts, as well as to state in writing on the delivery note or the carrier's waybill the delivery of the damaged Work and the reservation of the appropriate actions. In addition, the insurance company shall request, as a minimum, the delivery note, the carrier's waybill [...].

Said insurance policy shall not affect the legal rights of the consumer and user in the event of non-conformity of the Works with the contract.

11 - TRANSFER OF RISK AND OWNERSHIP

The User shall bear the risk of the Works from the time of Delivery.

The ownership of the Works shall be acquired by the User once HELAREA has received full payment of all amounts due in connection with the purchase made, including transportation costs.

12 - PARTNERS REQUIRED IN THE DELIVERY TRANSACTION

HELAREA reserves the right to include links and/or advertising of services provided by third party collaborators in the Portal, provided that HELAREA considers that such collaborators may provide added value or offer an interesting or necessary service to Users.

13 - SAFETY

HELAREA reserves the right to prevent, limit, suspend or modify the User's access to the Portal, as well as to disable the Passwords, for reasons of security of the Portal and/or confidentiality of the Service, provided that HELAREA duly justifies such action or if there are indications of fraudulent or illegal use of the same.

The User exonerates HELAREA from any liability that may arise from third parties illegitimately obtaining the Service as well as the User's data on the Portal and/or HELAREA.

14 - ELECTRONIC SIGNATURE

The Access Key by the User shall be considered for all purposes as an electronic signature. Consequently, its use by the User will unequivocally entail a manifestation of acceptance of the General Conditions and in particular of its Conditions.

15 - INTELLECTUAL AND INDUSTRIAL PROPERTY

All documents, data, results, trademarks, images, distinctive signs, software, video, and other contents of the Portal, including the content generated for the announcement of the Work on the Portal, and are protected by the Intellectual and Industrial Property Law, are the exclusive property of HELAREA, and the User and its personnel expressly waive any rights they may obtain thereon.

The trademarks, domain names and other distinctive signs of the Portal, HELAREA and/or the Services are duly registered.

16 - CONFIDENTIALITY AND DATA PROTECTION

HELAREA undertakes to comply with its obligation of secrecy with respect to personal data and its duty to safeguard it, adopting the necessary security measures required by current legislation to prevent loss, processing or unauthorized access.

The User acknowledges that the acceptance of the General Terms and Conditions entails the communication of his/her personal data to HELAREA. Likewise, the User authorizes the inclusion of his/her personal data in its files for (i) the management of the contractual relationship and (ii) the execution of promotional or advertising activities.

The data obtained may be used after the end of the contractual relationship always with a commercial purpose, until the User communicates to HELAREA its express and unequivocal desire to cancel.

The User expressly authorizes the transfer of his personal data to third parties outside the General Conditions, provided that the purpose of the transfer is the execution of the General Conditions or is established by law.

In case of electronic payment, the User expressly authorizes HELAREA to transfer his/her data to the electronic entity authorized for this purpose.

The rights of access, rectification, cancellation, opposition, data portability, limitation of processing and deletion may be exercised at any time by the User by means of a reliable communication addressed to HELAREA of his or her will to exercise the corresponding right.

17 - COMMUNICATION GENERAL CONDITIONS

HELAREA provides the User and any third party user with permanent, easy, direct and free access through the Portal to the Terms and Conditions and to the information required prior to contracting the Service, by electronic means.

18 - COMMUNICATIONS

HELAREA's communications to the User may be made by ordinary mail, e-mail and/or telephone to the addresses provided by the User.

Communications from the User to HELAREA may be made through the Portal itself.

19 - PRIVACY POLICY

For HELAREA, confidentiality is fundamental and therefore, in accordance with Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and the corresponding state regulations, we provide you with the following information on Data Protection.

HELAREA is responsible for the data provided by the User, who may exercise his/her rights by sending an e-mail to info@helarea.com.

The main reasons why we have your personal data are to maintain the User's subscription, manage the data in order to be able to invoice the contracted service; send commercial and advertising communications.

The processing of the data is legitimized by your consent given in this document.

Your data, except when legally required, will not be disclosed to third parties.

The period of conservation of your data will be the necessary for the best performance of the service. In the event that your data are processed to comply with the regulations for the prevention of money laundering, they will be kept for 10 years from the end of the business relationship.

The communication of your personal data requested is a necessary requirement to sign the intermediation contract.

HELAREA complies with all the requirements established by the Data Protection regulations and the technical and organizational measures necessary to ensure the security of personal data. In case of non-compliance in the processing of data, you have the right to file a complaint with the Spanish Data Protection Agency.

Some of the data is collected through cookies. HELAREA offers the possibility of accepting or rejecting cookies when browsing the Portal. Also, each user can configure your browser to manage cookies, such configuration will vary depending on the browser used by each user.

The refusal of cookies may result in the Portal not functioning optimally or properly.

In the case of advertisements or links to third parties outside HELAREA existing on the Portal, the User acknowledges that such third parties may use cookies and that such third parties or advertising companies are solely responsible for the cookies they implement, and the User must know and expressly or tacitly accept their terms and conditions. HELAREA assumes no responsibility for third-party cookies, and the User, upon acceptance of these terms and conditions, waives the right to make any claim against HELAREA.

20- APPLICABLE LAW AND JURISDICTION

Any dispute arising from the interpretation or execution of the General Terms and Conditions shall be governed by Spanish Law, and the User and HELAREA submit, expressly waiving any other jurisdiction, to the jurisdiction of the Courts and Tribunals of the city of Madrid, as this is the place where HELAREA is established in accordance with the provisions of Article 29 of Law 34/2002.

If the User is a consumer, the foregoing shall be without prejudice to the rights recognized as such by the legislation in force.