TERMS & CONDITIONS
1. About the Website
This Website and Project Art Huella Silvestre (huellasilvestre.com) is managed by Josefina Las Heras Zarif, based in Ecuador, hereinafter referred to as "the Artist."
Through this platform, an initiative is developed that connects art, nature, and community through the creation of public murals and other artistic expressions.
By browsing this website, making purchases, or participating in the proposed activities, you agree to these Terms and Conditions.
2. Use of the Website
This space is intended to share, inspire, and facilitate different forms of participation. Users are expected to make respectful use of the content and refrain from any actions that may affect the website, the project, or other individuals.
3. Intellectual Property
All artworks, images, texts, and content displayed on this website form part of the Project and belong to the Artist unless otherwise indicated.
The acquisition of an artwork, whether an original piece or a reproduction, does not imply the transfer of copyright ownership, which remains the property of the Artist.
The reproduction, distribution, modification, or commercial use of any artwork without prior authorization is prohibited.
Personal use, contemplative enjoyment, and respectful sharing of the project are welcome, provided that proper credit is given to the source.
4. Purchases
This website may offer original artworks, reproductions, digital pieces, and other products related to the Project.
Prices are displayed in the currency indicated in each listing and may be modified without prior notice, without affecting purchases that have already been confirmed.
The artworks and products are presented as accurately as possible; however, slight variations in color, texture, or appearance may occur due to factors such as lighting conditions, photographic processes, printing methods, or individual screen settings.
The availability of certain artworks or products may be limited. In the event of an unintentional error regarding availability, description, or pricing, the Artist reserves the right to cancel the transaction and refund any amount received.
5. Silent Auctions
5.1 Nature of the Auction
Silent Auctions are conducted through the private submission of monetary offers made by participants during the period specified in each call.
This is a non-public process. The offers, as well as the identities of participants and the successful bidder, are not published or disclosed on the website at any stage of the process.
Communication with participants and the successful bidder is limited exclusively to what is necessary for the management and award of the artwork.
Participation in a Silent Auction implies acceptance of these Terms and Conditions.
5.2 Award of the Artwork
At the close of the auction, the artwork will be awarded to the participant who has submitted the highest valid offer.
In the event of a tie between two or more offers, priority will be given to the offer received first, based on the date and time recorded by the system.
The award decision shall be final.
5.3 Notification of the Successful Bidder
The successful bidder will be contacted using the email address provided during the participation process or through any other contact method supplied by the participant.
It is the participant’s responsibility to provide accurate contact information and to monitor communications sent regarding the auction.
5.4 Payment for the Awarded Artwork
Once notified, the successful bidder shall have seven (7) calendar days to complete payment, unless a different period is specified in the particular auction announcement.
The artwork will be considered reserved during this period.
If payment is not received within the established timeframe, or if the successful bidder does not respond to communications regarding the award, they shall automatically forfeit the right to acquire the artwork. In such case, the award may be canceled, and the artwork may be offered to another participant, included in a future auction, or used for other Project purposes, without liability to the Artist or the Project.
5.5 Shipping Costs
Unless expressly stated otherwise, the bid amount does not include shipping costs, special packaging, customs insurance, import taxes, or any other costs associated with transporting the artwork.
Such costs will be communicated to the successful bidder before shipment is arranged.
5.6 Right of Reservation
The Artist reserves the right to accept or reject proposals, declare an auction void, withdraw an artwork, correct material errors, or cancel an auction for technical, administrative, legal, or Project-related reasons.
These decisions shall be exercised in good faith and in accordance with the artistic and cultural nature of the initiative.
5.7 Nature of Images
The photographs and images published on this website are for illustrative purposes.
Although every effort is made to represent the artworks as accurately as possible, slight variations in color, texture, or visual perception may occur due to lighting conditions, photographic processes, or individual screen settings.
5.8 Nature of the Artworks
Original artworks are unique artistic pieces or limited editions.
Except in cases of damage during shipping or delivery errors, the acquisition of an artwork through auction shall be considered final and subject to the Refund and Return Policy in effect.
5.9 Notice on Rights
The purchase of an original artwork does not imply the transfer of copyright or reproduction rights. These rights remain as established in Section 3 (Intellectual Property) of these Terms and Conditions.
6. Shipping
For physical artworks and products, shipping costs and delivery times may vary depending on the destination and will be communicated during the purchase process or after the conclusion of the auction, as applicable.
While every effort will be made to dispatch orders within estimated timeframes, the Project shall not be responsible for delays attributable to shipping companies, postal services, customs procedures, or other circumstances beyond its control.
7. Payments
Payments made through this website are processed via secure third-party platforms such as PayPal.
The Project does not store or have access to complete bank card information or other sensitive financial data used during the payment process.
Purchases shall be considered confirmed only once payment has been approved by the corresponding platform.
In the event of rejection, cancellation, or any issue affecting payment processing, the transaction may be deemed incomplete until the matter is resolved.
8. Returns and Refunds
The conditions applicable to cancellations, returns, and refunds are set out in the Refund and Return Policy published on this website, which forms an integral part of these Terms and Conditions.
9. Digital Products
Digital artworks purchased through this website are intended exclusively for the buyer’s personal use, unless expressly stated otherwise.
The purchase of a digital product does not imply the transfer of copyright, reproduction rights, or any commercial exploitation rights over the artwork.
The reproduction, distribution, modification, resale, publication, or any commercial use of such content without the prior and express authorization of the Artist is strictly prohibited.
10. Biocultural Content and Biodiversity Information
The texts, fact sheets, descriptions, infographics, and other content related to Flora, Fauna, and Biodiversity available on this website form part of the Project’s biocultural outreach and educational work. Their purpose is to make knowledge about nature more accessible through an artistic approach connected to the territories and communities where the initiative is developed.
The information presented is prepared using sources considered reliable and, where appropriate, may also incorporate local or traditional names, stories, and knowledge. For this reason, common species names, cultural references, or certain descriptions may vary depending on the region, community, or source consulted.
These materials are provided for informational and educational purposes and do not constitute formal scientific publications, nor do they replace specialized academic or technical sources.
Due to their educational and outreach nature, some content may present information in a summarized, simplified, or adapted form to facilitate understanding.
For research, academic use, or specialized consultation, readers are encouraged to complement this information with scientific literature, specialized databases, and other technical reference sources.
11. Participation in the Project
This Project proposes different forms of participation, collaboration, and exchange.
Each process is unique and develops in dialogue with the territory, the community, and the specific characteristics of each context.
Accordingly, no specific results are guaranteed from participation in activities, calls, or initiatives associated with the Project.
Participation implies openness, respect, and commitment to the process.
12. Limitation of Liability
This website and its contents are provided in good faith and on an "as available" basis.
Although efforts are made to maintain accurate information and proper website functionality, uninterrupted access, freedom from technical errors, compatibility issues, or temporary failures caused by factors beyond the Project’s control cannot be guaranteed.
13. Privacy
The processing of personal data collected through this website is governed by the Privacy Policy available on this website.
By using the website, making purchases, or completing forms, users consent to the processing of their personal data in accordance with that policy.
14. Third-Party Services and Platforms
This website may incorporate services, tools, or content provided by third parties, including payment platforms, analytics services, contact forms, communication tools, or embedded content.
The use of such services may be subject to the terms and privacy policies of their respective providers.
15. Modifications
These Terms and Conditions may be updated periodically to reflect changes to the Project, the website, the services offered, or applicable regulations.
The current version will always be available on this page. Continued use of the website constitutes acceptance of any modifications that may be made.
16. Project Values and Approach
This Project is developed from an ethic of respect for territory, community, and biodiversity, prioritizing thoughtful, coherent, and context-sensitive processes.
Accordingly, the Artist and the Project reserve the right to accept, reject, or discontinue collaboration, participation, or exchange proposals that are not compatible with the Project’s values, objectives, approach, or working methodology.
17. Governing Law
These Terms and Conditions shall be governed by and interpreted in accordance with the laws of the Republic of Ecuador.
18. Contact
For any questions regarding the website, the Project, purchases made, or these Terms and Conditions, you may contact us through the contact channels published on this website.