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Refund and Returns Policy

At MadameFlihan LDA, we are committed to providing a transparent and trustworthy purchasing experience for our clients. Each artwork is handled with the utmost care, accompanied by legal documentation, and backed by policies that ensure a seamless experience for art collectors.

1. Official Invoice

  • Detailed Transaction Record: Each purchase includes an official invoice detailing the artwork’s title when known, artist name, technique, dimensions, year of creation, and sale price. All when known or elsewhere stated as not Known.
  • Fiscal Compliance: All invoices comply with Portuguese tax regulations (Autoridade Tributária e Aduaneira) and include our Tax Identification Number (NIF), along with the purchaser’s NIF if required.
  • Applicable Taxes: VAT is specified on the invoice according to current legislation, with details provided for international transactions that may be exempt from VAT.

2. Certificate of Authenticity

  • Guarantee of Originality: All primary market artworks come with a Certificate of Authenticity, signed by the artist or by our gallery as the authorized representative. For secondary market pieces, our curator and cultural director provides a certificate verifying provenance and authenticity. All when known or elsewhere stated as not Known
  • Comprehensive Information: This certificate includes essential details such as title, technique, materials used, dimensions, date of creation, and, if applicable, edition number. All when known or elsewhere stated as not Known
  • Enhanced Value: This certificate affirms the artwork’s authenticity, aiding in future appraisals or transactions. All when known or elsewhere stated as not Known.

3. Provenance Documentation (If Applicable)

  • Artwork History: If an artwork has participated in previous exhibitions or possesses notable history, we provide documentation supporting its provenance. All when known or elsewhere stated as not Known
  • Transparency: This documentation ensures the authenticity and value of the artwork, adding additional confidence for the buyer.

4. Permits and Licenses (If Applicable) Export and Import Regulations:

  • For international purchases or artworks that require special permits for transportation, we manage the necessary processes in compliance with the applicable Laws of the provenance State where the piece sold comes from
  • Protected Works: For artworks catalogued as cultural heritage, we comply with with the applicable Laws of the provenance State where the piece sold comes from and manage relevant permits accordingly.

5. Information on Copyright

  • Usage and Reproduction Rights: All copyrights are maintained by the artist or rights holder in accordance with the applicable Laws of the provenance State where the piece sold comes from. Purchasing the artwork does not transfer reproduction, distribution, or public communication rights.
  • Legal Limitations: Buyers are informed of the legal limitations concerning the usage rights associated with their artwork purchase.

6. Right of Withdrawal In compliance with Decree-Law No. 24/2014 (transposing Directive 2011/83/EU on consumer rights), clients have a 14-day period to withdraw from a distance contract without stating a reason or incurring additional costs, with certain exceptions:

  • Exemptions from Withdrawal:
    • Goods that are custom-made or personalized.
    • Goods that are perishable, likely to deteriorate, or are otherwise non-returnable due to their nature (e.g., original or personalized works of art).

This is why we do not accept general returns as original artworks and customized items are not subject to return under the general right of withdrawal.

7. Reasons Why General Returns Are Not Accepted. Due to the unique nature of each artwork, returns cannot be accepted under general conditions for the following reasons:

  • Uniqueness of Artworks: Each artwork from primary market i.e sold direct by the artist as its unique piece of work cannot be resold as new in the primary market once it has been delivered to a client.
  • Authenticity and Provenance: Returning artworks either from primary market ( sold directly as a production of the artist ) of secondary market( as sold by a collector and not directly from the artist) could compromise their traceability and authenticity, which are critical in the art market.
  • Conservation and Handling: Artworks are sensitive to handling and environmental factors; therefore, their original condition cannot be guaranteed once delivered.

8. Returns Due to Damage or Shipping Issues However MadameFlihan LDA ensures that artworks arrive to clients in perfect condition. However, in the unlikely event of:

  • Damage during transportation
  • Shipment errors (incorrect artwork delivered)

The client must:

  • Notify MadameFlihan LDA in writing at art@madameflihan.com within 48 hours of receiving the product.
  • Attach photographs and videos evidencing the mentioned damages or errors. Retain the original packaging and the artwork in its received condition until further instructions are provided.
  • Once notified, we will:
    • Assess the issue and arrange for collection of the damaged or incorrect artwork.
    • Provide a suitable replacement or issue a full refund, including shipping costs, depending on availability.

9. Terms of Sale and Warranties Sales Contract:

  • For high-value pieces or upon client request, we formalize a detailed sales contract outlining the terms and conditions of the transaction.
  • Legal Warranties: We guarantee that the delivered artwork meets the agreed-upon conditions and is free from hidden defects. If the artwork is discounted due to defects or need of restoration, these will be clearly described.
  • Confidentiality: Upon request, we ensure confidentiality throughout the transaction process. MadameFlihan LDA complies with all applicable Data Protection Regulations.

10. Recommendations to Clients

To ensure satisfaction with each purchase, we encourage the following steps:

  • Prior Consultation: Clients are welcome to request additional information, images, or technical details before purchasing.
  • In-Person Visits: Whenever possible, we invite clients to visit our gallery to view artworks in person.
  • Personalized Online Meetings: Our team is available to provide online consultations to answer questions and help clients make informed decisions.

11. Contact for Incidents

For questions or issues regarding this policy, please reach out to us through the following contact details:

Important Note: This Return & Refund Policy is designed in accordance with Portuguese legislation and the specific nature of the art market. Clients are encouraged to review this policy carefully before making a purchase. Our team is available to provide any additional clarification upon request.