Legal Notice
Terms of Use
We kindly request that you carefully read the following terms and conditions before using the services offered on this website: https://www.albertomielgo.com and https://albertomielgo.myshopify.com. By using the services of this site, you agree to the terms and conditions outlined below.
- Contact Information
- Entity Name: Alberto Mielgo
- Tax Identification Number (NIF): 50320169X
- Email Address: prints@pinkman.tv
- Electronic Communications
Electronic communications from the website are conducted through the site's forms and applications, as well as via email. These communications are necessary for the use of our services. Our responses will be made via email or through notifications within the applications of our website, accessible to each user in their private area.
For the purposes of this agreement, you accept the validity of all contracts, notices, and other notifications or communications that we send to you electronically, except where legal obligations require a different form of communication.
- Copyright
All content hosted on the Alberto Mielgo website, including but not limited to video clips, images, audio files, downloads, texts, icons, applications, patents and invention rights, trademarks, designs, trade names, rights over confidential information (technical, commercial, or otherwise), and data of all types, is the property of Alberto Mielgo, his clients, suppliers, and/or collaborators. This content is protected under Spanish intellectual property legislation, specifically Royal Legislative Decree 1/1996 of April 12, which approves the revised text of the Intellectual Property Act, standardizing, clarifying, and harmonizing the applicable legal provisions, as well as by other state, national, and international laws and regulations regarding intellectual property rights, copyright, and database rights.
Reproduction or reuse of any part of the content on this website is not permitted without our explicit prior written consent.
Alberto Mielgo, along with his application providers, content providers, publishers, rights holders, or others, reserves all rights not expressly granted in these terms of use.
- License, Access, and Usage Limitations
Compliance with the terms outlined in this document grants the right to obtain a license to access and use the e-commerce services offered on the site. This license is non-exclusive, non-transferable, revocable, and limited to access and use of the site and its contents, in accordance with these terms of use. This license may not be used for third-party commercial purposes, such as reselling works, sublicensing, transferring, reproducing, copying, or similar activities, unless express written consent has been provided.
The contents of this website are for personal use only and not for commercial exploitation. The following actions are prohibited:
- Decompiling, reverse engineering, disassembling, renting, leasing, lending, selling, subcontracting, or creating derivative works related to the website or its contents.
- Using any network monitoring or discovery software to determine the site's architecture or extract information about its usage or users.
- Employing any robot, spider, or other electronic or manual process to monitor or copy the website or its contents without prior written permission from Alberto Mielgo.
- Printing, downloading, copying, modifying, reproducing, republishing, distributing, displaying, or transmitting any part of the website for commercial, non-commercial, or public purposes, except as expressly permitted above.
The website, its content, or any software available on or through the website may not be used, exported, or re-exported in violation of applicable export control laws and regulations.
Any unauthorized use of the website or its contents is strictly prohibited and may result in enforcement actions or other legal consequences.
- Your User Account
To use our e-commerce service and purchase prints of Alberto Mielgo’s work through https://albertomielgo.myshopify.com/, you must provide the necessary personal information and a valid payment method linked to your account.
The user is solely responsible for maintaining the confidentiality of their account credentials (username and password) and for controlling access to the device where the account is registered.
This responsibility includes:
- Taking all necessary steps to safeguard the confidentiality of credentials.
- Ensuring that the information provided is complete and accurate, and notifying us of any changes.
If you suspect that your account may be accessed by unauthorized third parties, you must promptly change your password. If the risk persists, you should notify us immediately.
You can easily update and modify your account details in the user profile area.
Alberto Mielgo is not liable for unauthorized access to your account resulting from the use of your credentials by third parties.
If we detect fraudulent use of the website by any user, we reserve the right to block their access and take necessary measures to mitigate the negative effects of such use. This includes violations of applicable regulations, non-compliance with our terms and conditions, or breaches of our policies.
- Our Responsibility for Website Operation: Errors and Corrections
We will take reasonable steps to monitor and update the website to ensure uninterrupted operation. However, given the nature of services offered over the Internet, total availability cannot be guaranteed.
We are not responsible for service disruptions caused by factors beyond our control.
There may be occasional downtime for website maintenance. In such cases, we will strive to minimize service unavailability and will inform users accordingly.
While we take steps to control errors and ensure the quality of information on our website, we do not guarantee or warrant that the website will be entirely error-free, free of viruses or other harmful components, or that such defects will be corrected. Furthermore, we do not guarantee or represent that the content or information available on or through the website will always be accurate, timely, or reliable.
- Export Controls and Deliveries
We are not responsible for the export of Alberto Mielgo’s prints to any country, or for sales to any business, individual, or entity where such export or delivery is prohibited by law. It is the registered user’s responsibility to be aware of the specific legal circumstances of the transaction and to assume liability for ensuring compliance, avoiding any such prohibited transactions.
This includes embargoes and economic sanctions imposed by the European Union and other countries, as well as restrictions or sanctions by governmental authorities against individuals for crimes such as money laundering or terrorism financing. It also extends to restrictions on the free circulation of audiovisual works and images, among other limitations.
Users who are subject to sanctions or restrictions of this nature are also prohibited from purchasing our prints.
- Applicable Laws and Jurisdiction
These terms of use are governed by Spanish laws, including commercial law, information society services law, consumer protection law, and other applicable regulations. Both parties agree to submit to the jurisdiction of the courts of Madrid to resolve any legal disputes that may arise.
Additionally, conflict resolution mechanisms supported by the European Commission, such as the Consumer Arbitration Board of the Autonomous Community of Madrid, may be available.
- Changes to Terms and Conditions
We reserve the right to make changes at any time to the way we offer our services, our policies, and our terms and conditions.
The terms and conditions in effect on the date of a transaction will apply to that transaction.
If any provision of these terms of use is deemed invalid for any reason, it will be excluded without affecting the validity of the remaining provisions, which will remain in full force.
- Waiver
If the user breaches these terms and we choose not to enforce our rights at that time, we reserve the right to enforce them at a later date in the event of a subsequent breach of these terms.
- Minors
Our products are intended for individuals of legal age under the Spanish Data Protection and Digital Rights Act (LOPDGDD), defined as individuals 14 years of age or older, who are recognized by law as having the right to consent to the use of their personal data. The processing of data for minors under the age of 14 based on consent will only be lawful if authorized by the holder of parental authority or legal guardianship.
Terms of Sale
These Terms of Sale apply to the purchase of works by Alberto Mielgo on the websites https://www.albertomielgo.com and/or https://albertomielgo.myshopify.com.
We kindly ask you to carefully read these terms of sale before placing your order. By completing a purchase, you agree to the following terms of sale.
- Contact Information
- The Contract
Upon fulfilling the Terms of Use by registering your billing, delivery, and payment details, you may place orders through our e-commerce platform. Once your order is received, we will send you a confirmation message acknowledging receipt. You may modify your order until the production process begins. You can track your order status in your user account area.
Invoices are issued electronically in PDF format and are accessible for viewing and downloading in your user account area. By accepting our Terms and Conditions, you consent to receiving invoices in electronic format.
- Returns
The site https://albertomielgo.myshopify.com provides a print-on-demand service for artworks by Alberto Mielgo, with each piece individually signed. Due to the personalized nature of this service, buyers do not have the right to cancel purchases, and returns or refunds are not available.
In the unlikely event your product arrives damaged, our print provider will replace it at no cost. To request a replacement, contact info@theprintspace.co.uk with your order details and a description of the issue. You may also use the chat feature available at https://www.theprintspace.co.uk/help.
- Prices and Availability
All product prices are listed on our website and include applicable taxes (VAT) but do not include additional costs such as import fees, which are the buyer's responsibility. Please review the "Imports" section of this document for details.
The prices reflect private, non-commercial use of the products and do not include intellectual property or industrial rights.
Product availability is displayed on our website and confirmed in our order acknowledgment. Should unforeseen delivery issues arise, we will notify you as soon as possible via email.
- Payment Methods and Conditions
All purchases must be prepaid at the time of ordering. Payment is processed through one of the payment methods offered on our website. Transactions are handled directly by payment service providers. Alberto Mielgo does not access or manage these transactions or the information required to process them. We only receive confirmation from the payment provider, upon which we proceed to prepare and fulfill the order.
- Imports
For orders delivered outside the European Union, you may be required to pay import taxes or duties when the product arrives at its destination. These costs are your responsibility as the importer. We recommend researching applicable customs policies before making a purchase, as they vary significantly by country.
Please note that international shipments may be inspected and opened by customs authorities, regardless of privacy protections within the European Economic Area (EEA).
- Our Responsibility for Shipments
Our guarantee covers issues affecting the product during transportation, such as loss or damage. In such cases, we will promptly replace defective goods once we confirm the loss or damage.
We request that you inspect the product upon receipt and notify us immediately if it is defective, including images, to support our claim with the carrier.
Our products are shipped to the countries listed here: https://www.albertomielgo.com/whereweship. Delivery times depend on logistical operations in the destination area, and responsibility for timely delivery updates lies with the logistics providers. Our responsibility ends once we inform you that your order has been accepted and dispatched.
- Applicable Laws
These Terms of Sale are governed by Spanish law. Both parties agree to submit to the non-exclusive jurisdiction of the courts of Madrid, Spain. This means you may bring a claim as a consumer in Madrid or in your home country if you reside in another European Union member state.
The European Commission offers a dispute resolution platform available at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage.
- Changes to Terms of Sale
We reserve the right to modify these Terms of Sale. The terms in effect at the time of your order will apply unless changes are required by law or governmental authority.
- Waiver
If you breach these Terms of Sale and we do not immediately enforce our rights, this does not constitute a waiver. We reserve the right to enforce our rights and take legal action in response to any subsequent breach.
- Minors
Our products are intended for individuals of legal age under the Spanish Data Protection and Digital Rights Act (LOPDGDD), defined as 14 years or older, who can lawfully consent to the use of their personal data. Data processing for minors under 14 years is only valid with the consent of a parent or legal guardian.