Terms of service

Terms and Conditions Website https://yessicaleano.com/

Hello!

Before you begin using our website and/or digital sales channels, please make sure that you have read and accepted these TERMS AND CONDITIONS FOR USERS AND/OR BUYERS OF THE YESSICA LEAÑO WEBSITE (hereinafter, the "Terms and Conditions") in your capacity as a User and/or Buyer.

1. WHO IS YESSICA LEAÑO?

YESSICA LEAÑO (hereinafter "YLA") is a natural person, an interdisciplinary artist, residing in Bogotá, Colombia, and the owner and holder of the Website (www.yessicaleano.com), through which original Artworks created by YLA are offered and sold. These works may have different characteristics, which are detailed below, but in general, you will find original Artworks and printed releases of these Artworks, some digital reproductions of the same, and the possibility of requesting personalized Artworks by YLA. You will also find information about her services as an independent artist, as well as exhibitions, projects, blogs, and her artistic journey.

In these Terms and Conditions, we will explain YLA’s obligations, so that you, as a User and/or Buyer, can communicate and exercise your rights with the entity responsible for the creation and operation of this Website and the Artworks offered on it.

If you do not agree with and therefore do not accept these Terms and Conditions, as well as YLA’s Privacy Policy (available at: Privacy Policy), which are mandatory and binding documents, you should refrain from using our website, either as a User or as a Buyer, as applicable.

2. DEFINITIONS TO CONSIDER WHILE READING THESE TERMS AND CONDITIONS:

Terms and Conditions ("TyC"): This refers to this document, which regulates the commercial, operational, and legal terms of navigation and possible activities on YLA’s Website. It is a private contract that sets the rules, rights, and obligations of Users and/or Buyers, and the entity managing and owning the navigation and shopping space, regarding their commercial interactions within the Website.

YLA: Refers to the natural person YESSICA LEAÑO, an interdisciplinary artist and the creator of the Artworks available on the Website, and the owner of this digital space.

Website: The site you access via the domain www.yessicaleano.com.

Promotions: These are all special offers, discounts, coupons, and other temporary incentives published on the Website to encourage the purchase of Artworks. The specific terms and conditions of each promotion will be detailed individually when they are available, providing all essential information for you as a User or Buyer.

User: You, who access the website to obtain information and/or products from YLA, without completing any commercial relationship or transaction.

Buyer: You, who access the website to acquire information and/or products from YLA. The final consumer, in those cases where you decide to complete a transaction or purchase through the Website.

Artworks or products: Refers to all types of works offered on the Website, in which the original intellectual artistic creations of YLA are set, which include but are not limited to, paintings, drawings, watercolors, sculptures, and digital art.

Artworks: All original artistic creations by YLA, protected by copyright, which are incorporated or fixed in the Artworks offered on this Website.

Customized Artworks: These are products for which you, as the Buyer, will have the option to choose certain characteristics such as technique, dimensions, color, and theme.

Information about services as an artist: These are the artistic services offered by YLA to individuals or companies in a personalized and independent manner to meet their needs. These services include: custom art pieces or projects where the person or company selects the technique, dimensions, colors, and theme.

Satisfaction Delivery: This is the document by which the User/Buyer receives the Artworks acquired through the Website to their satisfaction, and therefore, their acquisition is governed by these Terms and Conditions and the applicable regulations.

3. HOW DOES THE YESSICA LEAÑO WEBSITE WORK?

This Website is an e-commerce portal where the virtual offering and sale of Artworks is made available, including original Artworks, printed releases of Artworks, digital copies of the original works, customized artworks, as well as information about YLA's artistic services, her career, releases, and exhibitions of her original and printed Artworks, which may be of interest to the users and browsers of this Website.

The idea is to expand the available catalog of Artworks and create a shopping experience for you and all Users and/or Buyers that is easy and available 24/7, bringing art closer to you with just a click.

We inform you that the offering of Artworks on the Website is initially the responsibility of YLA, in her capacity as artist, creator, and supplier. Therefore, the following direct communication channel is available to address any questions, requests, complaints, and claims: yla.artwork@gmail.com

Please note that in some cases, to acquire Artworks or Customized Artworks, you may be redirected to other platforms owned and managed by third parties, such as Shopify, PayPal payment gateway, or Mercado Pago payment gateway.

We inform you that these third-party platforms, as well as payment gateways or payment intermediaries, are not owned or operated by YLA. Therefore, it is important for you to be aware of their own terms and conditions, which establish the rules of the owner and/or administrator of the platform, and will govern your access to the third-party interface once you are redirected from YLA’s website.

To make a purchase on the Website, you will need to follow the registration steps as a User and/or Buyer. Through this registration, we will guide you step by step in selecting, purchasing, and completing the payment process via the available payment gateway, which will be a third-party service provider.

We inform you that the payment gateway is not owned or operated by YLA. Therefore, it is important for you to review their own terms and conditions when you are redirected to the payment platform integrated into our digital sales channel during the purchase process on the Website. At that moment, while making the payment, you will be under the conditions of the payment gateway’s owner and administrator. If you want to know more about their terms and conditions, we recommend visiting: PayPal or Mercado Pago.

Below are our obligations as well as yours:

- OBLIGATIONS OF YLA

  • We are responsible for guarantees, defects, and false or incomplete information about the Artworks offered on the Website.
  • We are responsible for all obligations arising from the Consumer Protection Statute as a supplier, where applicable.
  • We provide truthful and up-to-date information about the products available on the Website.
  • We are responsible for shipping and the effective delivery of the product purchased by the Buyer, after coordination with any third party responsible for shipping, transport, and delivery (transportation companies).
  • We refund the money received in case the Buyer exercises their rights according to the law, as applicable.
  • We verify the condition of the Artwork before offering and delivering it.
  • We provide clear, truthful, and sufficient information for Users and/or Buyers of the Website.
  • We establish communication channels with Users and/or Buyers of the Website.
  • We include a direct hyperlink to the SIC Consumer Protection website for Buyers acting as end consumers under Colombian law.
  • We ensure proper operation of the Website, whether through direct actions as the owner and holder or those delegated to third parties, only in cases where a failure of humanly correctable technology occurs.
  • We process the Personal Data collected on the Website in accordance with applicable Colombian law, under the best practices of the EU General Data Protection Regulation, and in accordance with our Privacy Policies.
  • Any obligations arising from the law.
- OBLIGATIONS OF THE USER AND/OR BUYER
  • Register on the Website.
  • Provide truthful, accurate, and precise information.
  • Accept and adhere to these Terms and Conditions and those legal texts forming part of the Website’s comprehensive regulations, whether through acceptance via authorizations, checkboxes, or unequivocal acts of consent, as applicable.
  • Avoid making inappropriate, bad-faith, or disrespectful approaches or actions against the norms of good commercial practices within the Platform.
  • Not engage in any violations regarding Personal Data protection or Intellectual Property in the use of the Website and access to its contents and navigation.
  • Accept the terms and conditions to complete the payment for the selected Artwork.
  • Read and understand all the information we provide to make informed purchases as an end consumer and/or User and/or Buyer.

- EXCEPTIONS OF LIABILITY OF YLA


  • YLA has no control over external links directed by the Website. While we strive to provide what we consider to be the best service providers, we are not responsible nor can we guarantee the technical availability, quality, or reliability of their interface and information contained therein.
  • YLA is not responsible for compliance with the obligations of third parties involved in the different transactional phases of an Artwork. Specifically, obligations and/or conditions related to the payment gateway, Shopify, transportation companies, or any other third party, provider of YLA, which enables the offering, payment, and delivery of the Artwork to you as the Buyer.
  • YLA is not a taxable entity regarding VAT collection. The artist’s works are exempt from such taxes under local law. YLA is not responsible for any taxes charged at customs and/or free trade zones of other countries related to the nationalization process of products. If such a situation arises, the Buyer will be responsible for these charges and/or payments. 

4. ABOUT THE CHARACTERISTICS AND TYPES OF ART PRODUCTS

  • Illustration: Drawings on various themes created using the crosshatching technique. Crosshatching is a classic drawing method that uses overlapping fine lines in different directions to create shadows, textures, and depth. This approach enables precise control over light and shadow, creating volume and three-dimensionality in the artwork. The crossed lines allow for subtle tonal gradation, adding visual richness and detail to each element of the drawing, transforming simple strokes into a complex and expressive visual narrative. These illustrations are crafted with black ink or fine-point pens, which ensure clean, precise strokes. To achieve greater detail and contrast, I use high-quality paper that provides a smooth, durable surface, ideal for work requiring multiple layers of crossed lines. This combination of tools guarantees a professional finish with subtle tonal gradations and a rich, immersive texture. In addition to classic black and white, I also use the crosshatching technique in color, incorporating colored pens and combining them with colored pencils or inks to create vibrant, lively compositions. This colored technique explores new dimensions by adding layers of tonalities that visually blend through the intersecting lines. The result is a rich, complex texture with color gradations that provide unique depth and highlight the details of each piece.
  • Watercolor: Images on various themes created using this artistic technique that employs pigments dissolved in water, allowing for the creation of transparencies and soft color blends. When applied in thin layers, watercolor offers unique control over light and color, achieving fluid transitions and ethereal effects. It is typically used on fine or heavy-grain paper, which absorbs moisture and enhances chromatic variations. Additionally, the natural interaction between water and pigment is used to create spontaneous textures. On occasion, I combine watercolor with pens or colored pencils, exploring mixed techniques that add more defined details and contrasts, enriching the final composition.
  • Sculpture: My sculptures are deeply connected to my personal experiences, with each one reflecting a key moment or experience in my life. I use a variety of materials, ranging from wood scraps to found objects, choosing those that best resonate with the emotions and memories I seek to convey. These works capture not only the materiality of the objects but also the stories and feelings that accompany them, becoming a visual narrative of my personal journey through different stages and contexts of my life.

5. HOW DOES THE PURCHASE OF CUSTOMIZED ART PRODUCTS WORK?

The User and/or Buyer may purchase a customized Art Product by previously agreeing with YLA on the price, characteristics, and specifications of the product, such as the artistic technique, dimensions, color, and theme.

Therefore, it is important to note that I will work closely with you to create the customized Art Product.

6. PRODUCT CARE

Proper care of artwork is essential to ensure its longevity and preserve its aesthetic and cultural value. Here’s how to maintain ink illustrations, watercolors, and sculptures in perfect condition:

  • Ink Illustrations: Ink illustrations require special care since ink can be sensitive to light and humidity. Ideally, these pieces should be framed with glass or acrylic offering UV protection to prevent discoloration caused by prolonged sun exposure. Additionally, it’s important to keep the artwork away from humid environments, as moisture can cause stains or ink smudging. Using acid-free papers for mounting is also recommended to prevent yellowing and deterioration of the paper.
  • Watercolors: Watercolors are particularly sensitive to light, as their pigments are often more delicate and prone to fading. Keeping them away from direct sunlight is crucial, as is using UV-protective glass in the frame. Moreover, watercolors should never be in direct contact with the glass, so a passe-partout or separation border is essential to prevent the paint from sticking to the glass. Humidity is also a significant risk, so they should be displayed in dry and well-ventilated environments.
  • Sculptures: Sculpture care varies depending on the material, but there are general principles to follow. Wooden sculptures should be kept away from heat sources or excessive humidity, as wood can crack or warp. For all sculptures, it’s advisable to place them away from high-traffic areas or spots where they might be accidentally bumped. Regular cleaning with suitable materials is essential to preserve their integrity.

By following these specific care instructions, you can ensure that your artwork, whether ink illustrations, watercolors, or sculptures, remains in excellent condition for many years.

7. REFERENCE TO PERSONAL DATA PROTECTION

As previously mentioned, to register as a User and/or Buyer, you will need to provide the following data, some of which are protected under Law 1581 of 2012 and our Privacy Policy:

  • Email address
  • Full name
  • Identification number
  • Type of identification document
  • Phone number
  • City of residence
  • Home address

    Please note that all uses and/or processing of this information by YLA will be carried out in accordance with the contents of our Privacy Policy and the authorization you granted us. If you have any questions or concerns regarding this matter, you can contact us at: yla.artwork@gmail.com.

    Additionally, we invite you to review Shopify's policies if necessary.

    8. TRANSACTIONS AND ENABLED PAYMENT METHODS

    Making purchases on our website is very easy and secure! To pay for your virtual purchases, you can use the following payment gateways and methods:

    You can choose to use payment gateways like PayPal or Mercado Pago, which are widely used and reliable. These intermediaries process transactions securely, adding additional layers of protection to your purchases.

    PayPal allows payment through credit cards, bank accounts, buyer credit, or PayPal account balances. Mercado Pago allows payment through credit and debit cards, cash via Efecty, bank transfers through PSE, and the Mercado Pago wallet.

    Remember that, when entering the payment process, you should review and accept the specific terms and conditions of PayPal or Mercado Pago. YLA is not responsible for any issues or conditions accepted within the PayPal or Mercado Pago transaction process as integrated third-party payment systems on this website.

    9. CONSUMER RIGHTS AND HOW TO EXERCISE THEM ON THE WEBSITE

    If you, as a User and/or Buyer, are protected by law as a final consumer, please consider the following provisions:

    - WARRANTY

    In the event that an Artwork and/or product purchased through the website presents operational issues or damages after receiving it, you can contact YLA through the following channel: yla.artwork@gmail.com, and we will provide the support needed to address your warranty request. The warranty request must follow these rules:

    • The warranty for the Artwork and/or product must still be valid (it can be claimed for up to twelve months).
    • You must have the invoice and warranty documents for the Artwork and/or product. If the Artwork and/or product doesn’t have a warranty document, it must be less than twelve months since delivery.
    • The damage to the Artwork and/or product must be due to a manufacturing defect, technical failure, or irregularity. Remember, no warranty applies if the Artwork and/or product shows signs of misuse by you as the Buyer.
    • Warranty claims or exchanges are not accepted for Artwork and/or products purchased during promotions.

      - RIGHT OF WITHDRAWAL:

      What you need to know:

      • You must submit the withdrawal request within 5 business days after receiving the Artwork and/or product.
      • The Artwork and/or product must be in its original packaging, with all parts, tags, and manuals, and in perfect condition, with no signs of use, dirt, or wear.
      • The Right of Withdrawal will not apply to Artwork and/or products that have been customized or clearly made according to the Buyer’s specifications.

        Request Process:

        To exercise the right of withdrawal, you must contact YLA within the specified period and inform us of your decision to withdraw by the following means: yla.artwork@gmail.com. The costs of transport, repackaging the product, and any other expenses related to the return of the Artwork will be covered by you as the Buyer.

        Once YLA receives the Artwork and/or product, we will have thirty (30) business days to refund the payment through the same method used for the purchase.

        - PAYMENT REVERSAL

        In cases where products have been purchased on the website www.yessicaleano.com using e-commerce related methods or any other electronic payment instrument, a payment reversal can be made if requested by the consumer, as long as one of the causes listed in Article 2.2.2.51.2 of Decree 587 of 2016 applies.

        Causes for requesting a payment reversal:

        To request a payment reversal for purchases made on the website www.yessicaleano.com, the following events must have occurred:

        1. If you were the victim of fraud, or

        2. If the purchase was for an unsolicited transaction, or

        3. If the purchased product was not received, or

        4. If the delivered product does not match what was ordered or is defective.

          If you request a payment reversal and bad faith is determined on your part, the transaction will be definitively charged, and for Buyers acting as final consumers under Colombian law, the Superintendence of Industry and Commerce may impose sanctions of up to fifty (50) legal monthly minimum wages.

          Request Process:

          To request a payment reversal, you must file a complaint with YLA within five (5) business days from the date you become aware of the fraud, the unsolicited transaction, or any issue with the purchased product. If you, as the Buyer requesting the payment reversal, are not the holder of the payment instrument, the request must be made by the holder of the financial product. Within the same five (5) business days, you must inform YLA that the product for reversal will be available for the carrier that originally delivered the product, and a reverse logistics guide will be created for you to return the product in the same condition it was received. When the payment corresponds to multiple Artworks, you may request a partial payment reversal for those specific products related to the request. In this case, you should clearly state which product and amount you are requesting the reversal for. Once the complaint and payment reversal request have been made to the payment instrument issuer, they will have fifteen (15) business days to process the reversal.

          10. INTELLECTUAL PROPERTY

          The information, works, illustrations, drawings, images, videos, tools, graphics, trademarks, names, logos, documents, designs, and other material found on this Website (hereinafter "content") are protected under Colombian and international copyright, intellectual and industrial property laws and are the property of YESSICA LEAÑO or are properly licensed; therefore, their use is exclusively limited to the purposes specified in these Terms and Conditions. It is not permitted to modify, reproduce, publicly display, use, or distribute the content for public or commercial purposes.

          By way of example but not limitation, and in accordance with the applicable legislation, Users and/or Buyers are prohibited from performing the following actions:

          • Copying, reproducing, posting, transmitting, republishing, transforming, modifying, transferring, or distributing the content in any way to another computer, server, or any other medium, except in cases authorized by law or expressly consented by YLA.
          • Extracting and/or reusing all or a substantial part of the content available on the Website that YLA makes available to Users and/or Buyers.
          • Using any trademark, trade name, commercial slogan, logo, or other information protected by copyright and/or industrial property rights of YLA or its licensors without prior authorization.

            In summary, any unauthorized use of protected content is prohibited, with all intellectual and industrial property rights reserved by YLA.

            Finally, we clarify that the intellectual property rights to all of YESSICA LEAÑO's Artworks, including those that have been customized at the Buyer's request, belong exclusively to the artist. The sale of an Artwork does not imply the universal transfer of these rights. The Buyer acquires only the material ownership of the physical object, not the copyright. Any violation of YESSICA LEAÑO's moral rights, as well as any unauthorized use of the Artworks, including reproduction, distribution, or modification, constitutes an infringement of the artist’s copyright/intellectual property rights and may result in legal action.

            11. APPLICABLE LAW

            These Terms and Conditions are governed in all respects by the current laws in Colombia. Any dispute arising from this agreement, its existence, validity, interpretation, scope, or enforcement will be subject to the applicable laws and competent courts in Colombia, and the procedures will be conducted in Spanish. In the event that any provision of these Terms and Conditions is considered null, ineffective, or invalid, in whole or in part, by a court or any competent authority, such a declaration will not affect the validity of the remaining provisions, which will continue in effect.

            If the dispute arises from the service provided by any of the third parties involved in the global operation and transactions on the Website, you should be aware that such providers and their Terms and Conditions may be subject to another jurisdiction and applicable law.

            12. DOMICILE AND NOTIFICATIONS

            YLA is domiciled in Bogotá, Colombia, and can be contacted at: yla.artwork@gmail.com.

            13. MODIFICATIONS

            YLA reserves the right to reject any registration request or cancel a previously accepted registration of the User and/or Buyer, without being required to communicate or explain the reasons for its decision, and without creating any right to compensation or restitution.

            In the event of any substantial modification to this text or any other text that is an integral part of the regulation and operation of the website, YLA commits to notifying Users and/or Buyers of such modifications via the same Platform or by email.

            14. LAST UPDATED DATE

            October 30, 2024.