Terms and conditions

TERMS AND CONDITIONS OF USE AND PURCHASE – HUMAN KONTROL (HK)

Last updated: 07.03.2025

1. ACCEPTANCE OF THE TERMS

By accessing and using the Human Kontrol (HK) website, and by making a purchase, the user accepts these Terms and Conditions in full. HK reserves the right to modify or update them at any time, notifying users by posting on the site.

2. DESCRIPTION OF PRODUCTS AND SERVICES

HK operates as a virtual gallery that markets artworks and related products (paintings, sculptures, fine art prints, photographs, art toys, printed t-shirts, among others) offered by various artists. The descriptions, authenticity and characteristics of the products are based on the information provided by both the artists and HK.

3. PURCHASE PROCESS AND PAYMENT METHODS

  • Digital Payments: Transactions are made through Shopify Payments, PayPal and/or Mercado Pago (via Mercado Libre).
  • Currency: Prices are displayed in US dollars (USD) or Mexican pesos (MXN), depending on store settings.
  • Confirmation: The purchase will be confirmed once the payment is verified.

4. SHIPPING AND DELIVERY

  • Coverage: We make international shipments through courier companies.
  • Times: Processing times (usually 3 to 7 business days) and delivery times vary depending on the destination.
  • Costs: Shipping costs, as well as taxes and customs duties, are the responsibility of the buyer, unless otherwise agreed.
  • Responsibility: Once the product is delivered to the courier company for shipping, HK is not responsible for damage or loss during transit. However, in the event that a product arrives damaged or in poor condition due to transport, HK will manage a return or replacement of the item after the corresponding notification by the customer.

5. RETURN AND REFUND POLICY

  • Returns: Returns due to change of mind are not accepted. Returns will only be processed in the following cases:
    1. Products damaged during transport: If a product arrives damaged or with visible defects due to transport, the customer must notify HK within the first 48 hours after receiving the product, providing photographic evidence of the damage.
    2. Shipping errors: If the product shipped does not correspond to the one ordered, the customer may return it within a similar period, as long as the product is in its original condition.
  • Refunds and Replacements: Upon receipt of notification and confirmation that the damage is attributable to transportation or a shipping error, HK will provide a full refund or replacement of the product if possible, given that in many cases these are unique and/or limited items. Return costs in these cases will be covered by HK.

6. WARRANTIES AND LIABILITY

  • Quality & Authenticity: HK is committed to providing authentic and quality products. The authenticity of the products depends on the information provided by the artists and internal verification by HK.
  • Limitation of Liability: HK is not responsible for any indirect damages arising from the use of the site or the purchase of products, except as provided by law.

7. AUTHENTICITY VERIFICATION SYSTEM

In order to generate greater confidence in the purchasing process, HK implements a system that allows buyers to verify the authenticity and origin of the works. This system offers:

  • Certification: Certified information on the authenticity of each work.
  • Provenance: Artist information and documentation supporting the origin of the work.
  • Transparency: Access to additional information that supports the authenticity of the piece on display.
    The use of this tool is optional for the buyer and is part of HK's commitment to the transparency and quality of the products offered.

8. INTELLECTUAL PROPERTY

  • All content on the site (images, text, designs, logos, etc.) is the property of HK or its respective owners.
  • Reproduction, modification or distribution of the content without the express written permission of HK is strictly prohibited.

9. PROTECTION OF PERSONAL DATA

  • Collection and Use: HK collects personal data (name, email, phone number, date of birth, etc.) to manage orders, provide customer service and send commercial communications (with prior authorization).
  • Secure Platforms: Data is stored on secure servers provided by Shopify and partners, complying with international and local regulations.
  • Applicable Legislation: Data processing is carried out in accordance with Mexican legislation and the Federal Law on the Protection of Personal Data Held by Private Parties (LFPDPPP) .
  • ARCO Rights: In Mexico, users have the right to Access, Rectify, Cancel and Oppose (ARCO rights) the processing of their data. To exercise these rights, the user must send a request to [correo@humankontrol.com] with the subject "ARCO Request".

10. APPLICABLE LAW AND JURISDICTION

These Terms and Conditions shall be governed by and construed in accordance with the laws of Mexico. For any dispute, the user submits to the jurisdiction of the competent courts in Mexico, unless the law provides another procedure (such as arbitration).

11. MODIFICATIONS AND UPDATES

HK reserves the right to modify or update these Terms and Conditions at any time. The current version will always be available on our website and users will be notified of any relevant changes.

12. CONTACT

For questions, complaints or any queries, you can contact us through:

  • Email: [info@humankontrol.com]

13. SPECIFIC TERMS FOR ARTISTS

HK enters into specific agreements with exhibiting artists who wish to market their works on the platform. Such agreements are incorporated as an annex to these Terms and Conditions and set out:

  • Rights and Obligations: The terms under which artists grant rights to exhibit and sell their works through HK.
  • Commissions and Fees: Commissions, sales fees and other economic conditions applicable to each transaction.
  • Exhibition Conditions: Rules regarding the presentation, promotion and verification of the authenticity of the works.
    Artists must review and accept these specific terms to formalize their participation in the platform.