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Terms and Conditions

Effective Date: 30 May 2025

Welcome to ArtEssence®, the artistic platform of Nekane Muñoz (“we”, “us”, or “our”). These Terms and Conditions (“Terms”) govern your access to and use of our website (www.nekanemunoz.com), as well as any interaction with our content, artwork, or services.

By using our website or purchasing from us, you agree to be bound by these Terms.

1. About ArtEssence®

ArtEssence® transforms repurposed luxury wallpapers into sculptural art that elevates spaces and tells material stories. We serve a range of audiences including:

  • Interior Designers

  • Art Enthusiasts & Collectors

  • Luxury Hotels

  • Real Estate Developers

  • Corporate Officers & Executives

  • Individual Clients seeking bespoke artwork for their homes or offices

Our services are bespoke, made-to-order, and tailored to each client, with deep respect for the materials’ origin and the emotional value they carry.

2. Intellectual Property & Use of Materials

All artwork, content, and visuals displayed on our website and social media platforms are the original creations and intellectual property of Nekane Muñoz / ArtEssence®, unless otherwise stated.

We use wallpaper samples that are either donated, discontinued, or legally obtained from authorised sources. While we take care to use wallpaper samples that are legally acquired, some designs may remain subject to third-party copyrights. Our artistic process results in new, original works protected under copyright law as transformative derivative art.

Our artworks are created through a unique artistic process that involves cutting, gluing, layering, and incorporating additional materials such as metal, artificial flowers, beads, wax, and plastic. This mixed-media approach ensures each piece is a distinctive original artwork, reflecting both the heritage of the wallpaper materials and our creative vision. Our intention is not to reproduce or imitate the original designs but to reinterpret them creatively, giving new life to materials that might otherwise go unused. This approach reflects our commitment to sustainability and artistic expression.

We do not claim ownership over any third-party trademarks, designs, or copyrights that may appear on the wallpaper materials we use. All such rights remain the property of their respective owners. We are not affiliated with, endorsed by, or officially connected to any wallpaper manufacturer or brand.

You may not copy, reproduce, distribute, or commercially exploit any part of our original content or artwork without our prior written permission.

ArtEssence® is a registered trademark.

3. Use of Website Content

You are welcome to browse and share publicly available content for personal, non-commercial use.

You may not:

  • Copy, reproduce, distribute, or adapt our images, text, or artwork for commercial purposes

  • Misrepresent our work as your own

  • Create derivative works without written permission

When sharing our work, please credit ArtEssence® visibly and do not alter the content.

Unauthorized commercial use or exploitation of our content may result in legal action.

4. Privacy

Please refer to our Privacy Policy to understand how we collect, store, and use your personal data, particularly when you submit an enquiry, commission a piece, or interact with the website.

We are committed to protecting your personal data and comply with the UK General Data Protection Regulation (UK GDPR), the EU General Data Protection Regulation (EU GDPR), and other applicable data protection laws depending on your location.

5. Commissions, Sales & Payment Terms

We currently accept commissions and custom orders directly via our website or by personal enquiry.

By placing an order, you agree to the following terms:

  • A non-refundable deposit (typically 50%) is required to commence work.

  • All pieces are handmade and made-to-order, and are therefore non-returnable unless defective or damaged upon delivery. Claims for damage or defects must be made within 14 days of receipt.

  • A written agreement outlining specifications, pricing, and timelines will be provided before confirmation.

  • The final balance must be paid before delivery or collection.

  • Prices and payments are accepted in GBP (£) and EUR (€), depending on your location or preference.

  • Prices may be subject to VAT or applicable taxes depending on your location. Taxes will be calculated according to the buyer’s jurisdiction.

Consumer Rights (UK & EU):
If you are a consumer based in the UK or the European Union, you may have the right to cancel certain purchases made online within 14 days, under the UK Consumer Contracts Regulations 2013 or the EU Consumer Rights Directive, respectively. However, this right does not apply to custom-made or personalised items once production has started, as per Regulation 28(1)(b) (UK) and equivalent provisions in the EU.

For consumers outside the UK and EU, cancellation rights depend on the applicable laws in your country. Please contact us directly for details or questions related to cancellations or delivery.

6. Disclaimers & Limitation of Liability

ArtEssence® is an artistic platform. Our artwork and content are shared for creative and inspirational purposes.

While we take care to ensure quality and accuracy:

  • We make no guarantees as to the suitability of our artwork for specific commercial, legal, or technical purposes.

  • Each piece is handcrafted and may have variations or imperfections that are part of the artistic process.

  • We reserve the right to decline any commission or collaboration that does not align with our creative standards, ethical sourcing principles, or brand values.

Limitation of Liability:
To the fullest extent permitted by law, our liability for any claim in connection with our goods or services is limited to the amount paid by you for the item or service. We do not accept responsibility for any indirect, incidental, or consequential damages.

Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, fraud, or any other matter that cannot be legally excluded.

7. External Links

Our website may include links to external sites for your convenience. These sites are not under our control, and we are not responsible for their content, policies, or practices.

Accessing third-party websites is at your own risk.

8. Governing Law

These Terms are governed by the laws of England and Wales.

Subject to any mandatory consumer protection rights under the laws of the jurisdiction where the consumer resides, any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.

For business customers, the exclusive jurisdiction of the courts of England and Wales shall apply.

9. Copyright Infringement Notification

If you believe any content on our website infringes your intellectual property rights, please contact us at artessence@nekanemunoz.com with relevant details and documentation. We will respond promptly in accordance with applicable law.

10. Contact

For questions, commissions, or collaboration enquiries:

📩 artessence@nekanemunoz.com
🌐 www.nekanemunoz.com

For legal matters, please include “LEGAL ENQUIRY” in the subject line of your email.

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