Purchase Terms and Conditions

Last updated: June 2026

1. Identification of the Seller

These Purchase Terms and Conditions govern the sale of artworks, design objects, publications, advisory services and related products or services offered by:

OOA Gallery (formerly Out of Africa Gallery)
Owner: Sorella Acosta Stoefs (Autónoma)
NIF/NIE: ESX9018890S
Address: Carrer de l'Os Blanc, 30
08818 Olivella (Barcelona), Spain
Email: sorella@ooagallery.com
Telephone: +34 618 356 351
Website: ooagallery.com

By placing an order or accepting a quotation, the customer confirms that they have read, understood and accepted these Purchase Terms and Conditions.

2. Scope of Application

These Terms and Conditions apply to all purchases made through direct communication with OOA Gallery, including enquiries submitted through ooagallery.com, by email, by telephone or through any other communication channel approved by OOA Gallery.

Certain provisions apply specifically to consumers within the meaning of Spanish and European consumer protection legislation. Where mandatory consumer protection laws provide greater protection than these Terms, the mandatory legal provisions shall prevail.

3. Artwork Information

OOA Gallery makes reasonable efforts to ensure that descriptions, dimensions, media, editions, provenance information and photographs accurately represent the artworks offered.

Because artworks are unique objects and digital displays vary, minor variations in colour, texture, framing, appearance or scale may occur and shall not constitute defects.

Availability of artworks is subject to confirmation at the time of sale.

4. Prices

Prices may be quoted in euros (EUR) or United States dollars (USD), as specified in the quotation, invoice or order confirmation issued by OOA Gallery.

Any applicable taxes will be indicated in the quotation, invoice or order confirmation provided to the customer.

Shipping costs, insurance costs, customs duties, import taxes and local taxes are not included unless specifically indicated in writing.

OOA Gallery reserves the right to modify prices at any time before a quotation or offer has been accepted by the customer.

Once a quotation has been accepted by the customer and confirmed by OOA Gallery, the agreed price shall remain binding except in the case of an obvious clerical, technical or pricing error.

5. Purchase Enquiries and Orders

Purchase enquiries may be submitted through the website contact form, by email, by telephone or through other communication channels approved by OOA Gallery.

Following an enquiry, OOA Gallery may provide the customer with information regarding availability, price, shipping conditions and payment arrangements.

A sale becomes binding only once:

the artwork's availability has been confirmed;
the customer has accepted the quotation, offer or proposed transaction;
payment arrangements have been accepted;
OOA Gallery has confirmed acceptance of the transaction.

OOA Gallery reserves the right to refuse or cancel a proposed transaction in cases including but not limited to:

artwork unavailability;
pricing errors;
suspected fraud;
payment failure;
legal or regulatory restrictions.

If payment has already been received, any cancelled transaction shall be refunded promptly.

6. Payment

Payment may be made through:

Bank transfer;
Stripe;
Any other payment method expressly approved by OOA Gallery in writing.

Full payment must be received before shipment unless otherwise agreed in writing.

Ownership of the artwork remains with OOA Gallery until full payment has been received.

Payment transactions are processed by independent payment providers. OOA Gallery does not store customers' full payment card information.

7. Shipping and Delivery

Artworks shall be shipped to the address provided by the customer.

The customer is responsible for ensuring that shipping information is complete and accurate.

Shipping costs depend on destination, dimensions, weight, insurance requirements and carrier charges.

Estimated delivery times are provided for guidance only and are not guaranteed.

OOA Gallery shall not be liable for delays caused by:

customs procedures;
transport providers;
force majeure events;
governmental restrictions;
circumstances beyond its reasonable control.

Where available, tracking information shall be provided.

Risk of loss or damage passes to the consumer when the consumer or a third party designated by the consumer acquires physical possession of the artwork, in accordance with applicable consumer protection legislation.

8. Import Duties and Taxes

For deliveries outside Spain, and particularly outside the European Union, the customer may be considered the importer of record.

Any customs duties, import taxes, local taxes, brokerage charges or administrative fees imposed by the destination country shall be borne exclusively by the customer.

Customers are responsible for ensuring that artworks may legally be imported into their jurisdiction.

9. Right of Withdrawal for Consumers

Where the purchaser qualifies as a consumer under applicable law, the consumer generally has the right to withdraw from the purchase within fourteen (14) calendar days from receipt of the artwork without providing a reason.

To exercise this right, the consumer must notify OOA Gallery in writing before the withdrawal period expires.

The consumer must return the artwork without undue delay and no later than fourteen (14) days after communicating the withdrawal.

The consumer shall bear the direct cost of repacking and returning the artwork with all risk insurance unless otherwise agreed.

OOA Gallery shall reimburse all payments due without undue delay and in any event no later than fourteen (14) days from the date on which it is informed of the consumer's decision to withdraw.

OOA Gallery may withhold reimbursement until it has received the artwork back or until the consumer has supplied evidence of having sent back the artwork, whichever occurs first.

The reimbursement shall include the price paid for the artwork and any standard delivery charges paid to OOA Gallery, excluding any supplementary costs resulting from the consumer's choice of a delivery method other than the least expensive standard delivery option offered.

Refunds shall be made using the original payment method unless another method is agreed.

The consumer is responsible for any reduction in value resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the artwork.

10. Exceptions to the Right of Withdrawal

In accordance with Article 103 of the Spanish General Consumer Protection Law, the right of withdrawal does not apply to:

commissioned artworks;
customized artworks;
artworks created or modified according to the customer's specifications;
made-to-order editions produced specifically for a customer;
goods clearly personalised for the customer.

Where an artwork falls within one of these categories, OOA Gallery shall inform the customer before the order is confirmed.

11. Returns

Customers wishing to return an artwork are requested to contact OOA Gallery before shipment in order to receive appropriate return instructions.

Returned artworks must:

be complete;
be in substantially the same condition as received;
be professionally packaged;
be adequately insured during transport;
include shipment tracking.

The customer remains responsible for the artwork until it is safely received by OOA Gallery.

12. Damaged or Defective Artworks

The customer should inspect the artwork promptly upon delivery.

Any visible transport damage or defect should be reported to OOA Gallery as soon as possible and preferably within five (5) business days.

Reports should include:

order reference;
photographs of the artwork;
photographs of the packaging;
a description of the issue.

This clause does not affect any statutory rights available under applicable law.

13. Legal Guarantee of Conformity

Consumers benefit from the legal guarantee of conformity provided by applicable consumer protection legislation.

OOA Gallery shall be responsible for any lack of conformity existing at the time of delivery and becoming apparent within the period established by applicable law.

An artwork shall be deemed conforming where it corresponds to the description, artist attribution, medium, dimensions, edition information, provenance information, condition report and other characteristics communicated prior to purchase.

This guarantee does not cover deterioration resulting from improper handling, framing, installation, storage, environmental conditions or other circumstances occurring after delivery.

Where a lack of conformity exists, consumers shall be entitled to the remedies provided by applicable law.

14. Intellectual Property

The purchase of an artwork transfers ownership of the physical artwork only.

Unless expressly agreed in writing, no intellectual property rights are transferred.

The purchaser may not reproduce, publish, commercially exploit or create derivative works from the artwork without obtaining the required permissions.

15. Liability

OOA Gallery shall be liable only for damages directly attributable to its breach of contractual obligations and only to the extent permitted by applicable law.

Nothing in these Terms excludes liability for fraud, gross negligence, personal injury, death or any liability that cannot legally be excluded or limited.

16. Data Protection

Personal data shall be processed in accordance with:

Regulation (EU) 2016/679 (GDPR);
Organic Law 3/2018 (LOPDGDD);
Applicable Spanish and European legislation.

Further information is available in the Privacy Policy.

17. Applicable Law and Jurisdiction

These Terms and Conditions are governed by Spanish law.

Where the purchaser acts as a consumer, any dispute shall be subject to the jurisdiction provided by applicable consumer protection legislation.

For purchasers acting in the course of a business or professional activity, the parties expressly submit to the courts of Barcelona, Spain, unless mandatory law provides otherwise.

18. Modifications

OOA Gallery reserves the right to modify these Terms and Conditions at any time.

The version applicable to a purchase shall be the version in force on the date the quotation, offer or order is accepted by the customer and confirmed by OOA Gallery.