CONDITIONS OF SALE
Terms of Sale
These Terms of Sale govern the acquisition of artworks and other products offered through the Bernard Rives online store.
Before placing an order, the customer should read these Terms and accept the provisions applicable to the purchase. Completing a purchase constitutes acceptance of the Terms in force at the time the order is placed.
Certain monumental artworks, special projects or bespoke creations may be subject to specific conditions, which will be communicated to the buyer before the acquisition is confirmed and will supplement these Terms of Sale.
Bernard Rives may update these Terms when necessary. Changes will not affect orders already confirmed before the updated Terms take effect.
The identifying and contact details of the store operator are available in our Legal Notice.
Applicable law and electronic contracting
Purchases made through the online store will be governed by Spanish law and by any other rules applicable according to the nature of the transaction and the status of the buyer.
Where the buyer is legally considered a consumer or user, the applicable provisions include, among others, Royal Legislative Decree 1/2007 of 16 November, approving the consolidated text of the General Law for the Protection of Consumers and Users and other supplementary laws.
Contracts concluded by electronic means are also subject, where applicable, to Law 34/2002 of 11 July on Information Society Services and Electronic Commerce.
These Terms will be available to the customer before the purchase is completed and may be saved or reproduced for later consultation.
Nothing in these Terms limits rights granted by law to consumers and users.
User account and data correction
A customer account is not required to make a purchase through Bernard Rives’s online store. The buyer can complete an order using the options available during checkout.
2.1. Purchase without an account
The buyer can make a purchase without first signing in to an account.
Data provided during checkout will be processed to manage the order, payment, delivery, after-sales assistance and the other purposes set out in our Privacy Policy, as well as to comply with applicable legal obligations.
Before confirming the order, the buyer must review the information entered and can correct it during checkout.
If an error is identified after the order has been placed, the buyer should contact Bernard Rives as soon as possible at info@bernard-rives.com.
2.2. Customer account
Where this function is available, the customer may access their account using the identification system enabled by the store.
From the account, available functions may include:
- Viewing order history.
- Checking the status of purchases.
- Managing certain profile information.
- Changing addresses where the platform allows it.
Available account functions may vary according to the store configuration and the services enabled from time to time.
2.3. Amendment and deletion of personal data
The customer may request access to, correction or deletion of personal data in accordance with applicable law and our Privacy Policy.
Deletion of personal data is subject to any applicable legal retention obligations, including those relating to commercial transactions, tax and accounting obligations or potential legal liabilities.
To exercise your rights, contact us at info@bernard-rives.com.
Purchase process
The method for acquiring a work may vary according to its characteristics, availability and format.
3.1. Works available for direct purchase
Where a work can be purchased directly through the online store, the process is as follows:
- Select the work: open the product page for the sculpture or piece you wish to acquire, where you can consult its description, characteristics, dimensions, images, price and other available information.
- Add to cart: select any available options where applicable and click “Add to cart”.
- Review the order: before completing the purchase, you can review the selected works, delivery and billing details and the corresponding order amount.
- Shipping and payment: complete the requested information and select one of the payment methods available during checkout.
- Confirmation: once the order has been completed successfully, you will receive a confirmation email containing the relevant purchase information.
If you identify an error in the order details, contact Bernard Rives as soon as possible at info@bernard-rives.com.
3.2. Monumental sculptures and special projects
Certain monumental sculptures, large-format works or projects requiring specific transport, installation or production conditions may be handled through a request for proposal rather than direct purchase.
In these cases, the buyer can provide information about the project, location, destination and any other details required to assess the request.
Bernard Rives’s team will review the information and contact the interested party to define, where applicable, matters such as:
- Availability of the work.
- Characteristics and dimensions.
- Estimated timing.
- Transport.
- Pedestal and installation.
- Requested customisations.
- Price and payment terms.
Submitting a request for proposal does not in itself constitute a purchase or final acceptance of the project.
The acquisition will be confirmed once the corresponding terms have been agreed and the order formalised or payment made according to the agreed method.
Where a work is made to the buyer’s particular specifications or is clearly personalised, specific conditions may apply to that type of project, including those relating to the right of withdrawal.
Payment methods
Bernard Rives offers several secure payment methods for acquiring works.
- Credit or debit card
Major cards available through our payment platform are accepted. Full card details are processed by the relevant payment providers and are not stored directly by Bernard Rives.
- PayPal
The buyer can pay using a PayPal account when this option is available during checkout.
- Klarna
For eligible purchases, Klarna may allow payment to be split into 3 interest-free instalments, subject to the provider’s own terms, availability and approval.
Other payment methods
Depending on the device, country and purchase conditions, other enabled methods such as Apple Pay, Google Pay or Shop Pay may also be displayed during checkout.
The payment methods actually available for each order will be shown during checkout before payment is confirmed.
For special acquisitions, monumental works or projects requiring individual management, contact our team to discuss available payment options.
Delivery and transport
5.1. Delivery destinations
Bernard Rives ships to Spain, countries throughout the European Union and numerous international destinations.
Shipping availability will depend on the destination, the dimensions of the work and the requirements for its transport.
For monumental sculptures, special projects or destinations requiring specific logistics, transport may be assessed individually before the acquisition is confirmed.
5.2. Packaging and insured transport
Works are prepared using professional packaging adapted to their characteristics, and transport is arranged on an insured basis to the agreed destination.
Where the dimensions, weight or characteristics of the work require it, specialist transport services may be used.
Applicable shipping costs will be shown during checkout or communicated to the buyer in advance where a specific quotation is required.
5.3. Delivery time
Delivery time will depend on the availability of the work, its preparation or production process, its characteristics and the destination.
Where the work is available, timing will be determined mainly by preparation, packaging and transport.
Where a work must be produced after the order, made to order or forms part of a bespoke project, the buyer will be given an estimated timeframe taking into account the process required to create it.
Timings provided will be estimates where they depend on production processes, specialist transport, customs procedures or other external circumstances.
If a significant incident or delay occurs, Bernard Rives will contact the buyer to provide information and coordinate the appropriate solution.
5.4. Receipt of the work
At delivery, we recommend checking the external condition of the packaging.
If visible damage is observed, it is advisable to record the incident with the carrier whenever possible and contact Bernard Rives as soon as possible at info@bernard-rives.com, including photographs of the packaging and work where needed to manage the incident.
5.5. Customs and importation
Shipments to the Canary Islands, Ceuta, Melilla and destinations outside the European Union may be subject to customs procedures, taxes, duties or import charges.
Where applicable, these amounts are the buyer’s responsibility and are not included in the price of the work or transport costs, unless expressly stated otherwise.
Receipt of the artwork and damage during transport
All our works are carefully packaged and insured to provide maximum protection during transport.
At the time of delivery, we recommend checking the external condition of the packaging before accepting the parcel. If you notice visible damage, impacts, breakage or any other irregularity, you should record this with the carrier at the time of delivery.
Once the work has been received, the customer has a maximum of 24 hours to report any damage caused during transport. To manage the incident correctly with the carrier and/or insurer, photographs of the outer packaging, inner packaging, damaged work and shipping label will be required.
After this period, Bernard Rives cannot guarantee that claims relating to transport damage will be accepted, except where applicable law provides otherwise.
Prices, taxes, customs duties and fees
All prices published in the store are expressed in euros (€). Applicable taxes will be determined according to the nature of the transaction, the destination of the work and the status of the buyer.
Spain: prices will include applicable VAT where required under current legislation.
European Union: sales to private customers and professionals will receive the tax treatment applicable under current legislation, the destination country and the status of the buyer.
Where the buyer is a company or professional established in another European Union Member State and provides a valid intra-Community VAT number, the transaction may be exempt from Spanish VAT where the corresponding legal requirements are met.
Canary Islands, Ceuta, Melilla and destinations outside the European Union: the transaction will be subject to the tax treatment applicable at destination. The buyer will be responsible for any taxes, customs duties, import charges or customs costs payable when the work arrives.
Where applicable, these import costs are not included in the price of the work or in shipping costs, unless expressly stated otherwise.
The total amount applicable to the order will be shown before the purchase is completed.
Any subsequent change to published prices will not affect orders that have already been confirmed.
If an obvious pricing error is identified before a work is shipped, Bernard Rives will contact the buyer to inform them and proceed as appropriate.
Customer account, outstanding payments and misuse
7.1. Closing a customer account
The customer may request that their account be closed or deactivated by contacting Bernard Rives at info@bernard-rives.com.
Closing an account does not necessarily mean that all information relating to previous transactions will be deleted immediately. Personal data will be processed and, where applicable, deleted in accordance with our Privacy Policy and applicable legal retention obligations.
7.2. Incomplete or outstanding payments
An order will not be considered properly confirmed where the required payment could not be completed or has been rejected by the payment provider.
For works, special projects or purchases managed individually, Bernard Rives may suspend production, preparation, delivery or installation while amounts due remain unpaid under the terms previously agreed with the buyer.
Where payment cannot be completed or remains outstanding, Bernard Rives may cancel the order or project, after notifying the buyer where appropriate.
7.3. Fraudulent or improper use
Bernard Rives may restrict or deactivate an account where there are reasonable indications of fraud, unlawful use of the store, identity theft, manipulation of payment systems or serious breaches of these Terms.
This measure will not affect obligations arising from orders, payments or contracts that have already been validly formalised, unless their cancellation is legally permitted.
Where necessary, Bernard Rives may contact the customer to verify a transaction or request additional information before processing an order.
Returns and right of withdrawal
9. Returns and right of withdrawal
At Bernard Rives, we want the acquisition of a work to be made with complete confidence. Return conditions depend on the type of work purchased and the circumstances of the purchase.
9.1. Incorrect, defective or transport-damaged work
If you receive an incorrect work, a defective work or a work damaged during transport, contact us as soon as possible at info@bernard-rives.com.
If damage is visible at delivery, we recommend recording the incident with the carrier whenever possible.
Our team will assess the case and coordinate the appropriate solution, which may include collection, repair, replacement or refund where applicable.
9.2. Right of withdrawal for private consumers
For online purchases made by private consumers, there is generally a period of 14 calendar days from receipt of the work in which to exercise the right of withdrawal, except in cases excluded by law.
As a general rule, this right applies to:
- Existing and available sculptures.
- Works belonging to a limited edition that have already been produced.
- Standard-design sculptures produced after the order is placed, provided they have not been made to the buyer’s particular specifications and are not clearly personalised.
To exercise the right of withdrawal, communicate your decision within the applicable period by writing to info@bernard-rives.com.
Where the return falls within our withdrawal policy, Bernard Rives will arrange collection of the work at no additional cost to the customer.
The work must be returned properly protected and in the same condition in which it was received.
9.3. Bespoke and made-to-specification works
The right of withdrawal may not apply to works made to the buyer’s particular specifications or clearly personalised.
This exception may apply, among other cases, to works created specifically according to an individual customer’s instructions or modified in a particular way for that customer.
The fact that a standard work is produced after an order is received does not by itself exclude the right of withdrawal if there is no determining individual choice or specification by the buyer.
9.4. Purchases made by companies or professionals
Where the purchase is made by a company or professional acting in the course of its business or professional activity, the right of withdrawal specifically provided for consumers does not apply in the same way.
9.5. Refund
Where a return applies, the refund will be made using the same payment method used for the purchase unless another method is expressly agreed.
Where legally permitted, Bernard Rives may withhold the refund until the work has been received or until the buyer provides sufficient evidence of its return.
9.6. Cancellation before shipping
If you wish to cancel an order before it has shipped or before work has begun on a personalised piece, contact us as soon as possible.
Whether cancellation is possible will depend on the status of the order and, for bespoke projects, the work already undertaken.
Returns and cancellation contact: info@bernard-rives.com
Warranties and lack of conformity
Bernard Rives works may show slight variations in colour, texture or finish compared with photographs displayed on the website due to the artisanal processes, materials and finishes used in each creation.
Where these minor variations are inherent in the nature and production of the work and have been correctly described, they should not in themselves be considered a defect or lack of conformity.
For purchases made by private consumers, new works are covered by the statutory guarantee against lack of conformity for a period of 3 years from delivery, in accordance with current legislation.
Unless proven otherwise, lack of conformity appearing within the 2 years following delivery will be presumed to have existed at the time of delivery, except where that presumption is incompatible with the nature of the work or the nature of the lack of conformity.
If a work lacks conformity, the consumer may request its repair or replacement, provided that the chosen remedy is possible and proportionate. These remedies will be provided at no cost to the consumer where legally required.
Where repair or replacement is not possible, is disproportionate or does not bring the work into conformity within a reasonable period, a price reduction or termination of the contract may apply depending on the circumstances and in accordance with applicable law.
The guarantee does not cover damage occurring after delivery for reasons unrelated to a lack of conformity, such as impacts, falls, improper use, incorrect handling, exposure to conditions unsuitable for the work or unauthorised repairs.
If you identify any issue with a work, contact us at info@bernard-rives.com so that we can assess the case and offer the appropriate solution.