D'Argenta Home Decor
algemene voorwaarden

OVERVIEW
This website is operated by D'Argenta. Throughout the site, the terms "we", "us", and "our" refer to D'Argenta. By visiting our site and/or purchasing from us, you engage in our "Service" and agree to be bound by the following terms and conditions.

SECTION 1 - ONLINE STORE TERMS
By using our site, you represent that you are of legal age in your state or province of residence. You must not use our products for any illegal or unauthorized purpose, including violating any laws in your jurisdiction.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service without our express written permission. Unauthorized commercial use of any content, imagery, or product designs found on this site may result in legal action.

SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We strive to provide accurate information on our site, but we cannot guarantee its completeness or currentness. Relying solely on this information for decision-making is at your own risk. We reserve the right to modify the contents of this site at any time without obligation to update any information.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right to modify or discontinue the Service, or any part thereof, at any time without notice. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES
Products or services may have limited quantities and are subject to our Return Policy. Each D'Argenta sculpture is a handcrafted, limited-edition work of art. Slight natural variations in finish, texture, and tone are inherent to the electroforming and hand-plating process and do not constitute defects. We have made every effort to display product colors and images as accurately as possible; however, we cannot guarantee that your device's display will be fully accurate.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse or cancel any order you place with us, including orders where pricing errors have occurred. You agree to provide current, complete, and accurate purchase and account information for all purchases made through our store. You agree to promptly update your account and other information, including your email address and payment details, so that we can complete your transactions and contact you as needed.

SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control or input. You acknowledge and agree that we provide access to such tools on an "as is" and "as available" basis, without any warranties, representations, or conditions of any kind.

SECTION 8 - THIRD-PARTY LINKS
Certain content, products, and services available via our Service may include materials from third parties. Third-party links on this site may direct you to third-party websites. We are not responsible for examining or evaluating the content or accuracy of those sites and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions, or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise, you agree that we may, at any time, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation to (1) maintain any comments in confidence, (2) pay compensation for any comments, or (3) respond to any comments.

SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which is incorporated herein by reference. The collection, storage, processing, and security of all personal data on this website is the exclusive responsibility of DARISA S.A. de C.V. (operating as D'Argenta), the legal entity that owns and operates this platform. Simon Abraham Ampudia, in his capacity as creative director and content contributor, assumes no personal liability whatsoever for any data collected, stored, processed, or shared through this website. We collect only the information necessary to process your order and provide you with our Service.

We share your personal information with trusted third-party service providers solely as necessary to operate our business and fulfill your order. These providers include, but are not limited to, e-commerce and website platforms (such as Wix), payment processors (such as Stripe), shipping carriers, and advertising and analytics platforms (such as Google Ads and Google Analytics). Each of these providers receives only the data required to perform their specific function and is bound by their own applicable data protection policies. We do not sell or rent your personal information to data brokers or unaffiliated third parties for their own independent marketing purposes.

SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service is inaccurate at any time without prior notice.

SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in these Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. In no case shall D'Argenta, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind arising from your use of our service or the products procured using the service, even if advised of the possibility of such damages.

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless D'Argenta and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Service, or your violation of any law or the rights of a third party.

SECTION 15 - SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service without affecting the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION
These Terms of Service are effective unless and until terminated. You may terminate these Terms at any time by notifying us in writing that you no longer wish to use our Services and discontinuing your use of the site. D'Argenta reserves the right to terminate your access to the Service unilaterally and without prior notice if, in our sole judgment, you have violated any term or provision of these Terms of Service, engaged in fraudulent or abusive conduct, or taken any action that may expose D'Argenta or its affiliates to legal liability. Upon termination, you will remain liable for all amounts due up to and including the date of termination, and all provisions of these Terms which by their nature should survive termination — including intellectual property rights, indemnification, disclaimers, and limitations of liability — shall survive.

SECTION 17 - ENTIRE AGREEMENT
These Terms of Service, together with our Privacy Policy and any additional policies referenced herein, constitute the entire agreement between you and D'Argenta governing your use of the Service and supersede any prior or contemporaneous agreements, communications, and proposals.

SECTION 18 - GOVERNING LAW AND DISPUTE RESOLUTION
These Terms of Service shall be governed by and construed in accordance with the laws of Mexico, without regard to conflict of law principles.

Any dispute, controversy, or claim arising out of or relating to these Terms of Service, or the breach, termination, or invalidity thereof, shall be resolved exclusively through binding arbitration, rather than in court. The arbitration shall be administered by the Centro de Mediación y Arbitraje Comercial of the Cámara Nacional de Comercio de la Ciudad de México (CANACO) in accordance with its Commercial Arbitration Rules then in effect. The seat of arbitration shall be Mexico City, Mexico. The language of the arbitration proceedings shall be English. At the request of either party, arbitration hearings may be conducted fully online via video conference or equivalent remote means, making this process accessible regardless of the parties' geographic location. The arbitral award shall be final, binding, and enforceable in any court of competent jurisdiction. Each party shall bear its own legal costs unless the arbitrator determines otherwise.

BY AGREEING TO THESE TERMS OF SERVICE, YOU EXPRESSLY WAIVE ANY RIGHT TO BRING CLAIMS IN A COURT OF LAW, BEFORE A JURY, OR AS PART OF A CLASS ACTION. YOU AGREE THAT ALL DISPUTES SHALL BE RESOLVED INDIVIDUALLY THROUGH ARBITRATION AS DESCRIBED ABOVE.

SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes your acceptance of those changes.

SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at contact@dargenta.com.

INTELLECTUAL PROPERTY
All content on this site — including but not limited to text, graphics, logos, sculptural designs, and product images — is the property of D'Argenta and is protected under applicable intellectual property laws. Unauthorized reproduction, distribution, or commercial use of any content found on this site is strictly prohibited and may result in civil or criminal liability.

The following assets are the exclusive personal intellectual property of Simon Abraham Ampudia:

— All photography and photographic works appearing on this site.
— The website's visual design, user interface, layout, and graphic identity.
— All website source code and underlying software developed for this site.

These works are used on this website by Simon Abraham Ampudia directly in his capacity as their creator and operator. No formal licensing agreement between Simon Abraham Ampudia and D'Argenta or DARISA S.A. de C.V. exists or is implied by their appearance on this site. Their presence here does not grant D'Argenta, DARISA S.A. de C.V., or any successor entity any ownership interest, licensing right, or entitlement to continued use without the express written consent of Simon Abraham Ampudia.

Any use of these assets outside of this website — including but not limited to third-party websites, reseller platforms, catalogues, trade publications, print materials, advertising, social media accounts not operated by Simon Abraham Ampudia, or any other digital or physical form — requires prior written permission from Simon Abraham Ampudia and is subject to commercial licensing fees at standard professional photography and design rates. Unauthorized use in any of the above contexts constitutes copyright infringement and may result in civil and criminal liability.

Any change in ownership, management, or corporate structure of D'Argenta or DARISA S.A. de C.V. does not transfer, assign, or grant any rights to these assets. A new controlling party must obtain a separate written agreement from Simon Abraham Ampudia before using any of the above assets in any form.

For permissions, licensing inquiries, or commercial use requests, contact Simon Abraham Ampudia directly through www.simonabrahamworks.com. Failure to seek and obtain prior authorization does not entitle any party to continue, commence, or expand use of these assets. Continued unauthorized use following notification of this policy constitutes willful infringement.

PRODUCT AVAILABILITY
Not all items on our site will be available for immediate delivery. Some pieces are made to order and may require additional production time, which will be communicated at the time of purchase. We reserve the right to make changes to product availability and prices without prior notice.

PRICES
All prices displayed on dargenta.com are in US Dollars (USD) and are subject to change without notice. D'Argenta reserves the right to adjust pricing at any time without prior notice.

SHIPPING POLICIES
We offer complimentary worldwide shipping on all orders. Each item is shipped once at no cost to the client. Should a shipment be undeliverable, refused, or returned to D'Argenta for any reason attributable to the client (including, but not limited to, incorrect address, failure to collect, or refusal to pay applicable customs duties), the cost of re-shipping the item will be the sole responsibility of the client and must be settled directly with D'Argenta or with the shipping carrier prior to re-dispatch. For shipping inquiries, please contact contact@dargenta.com.

SHIPPING TAXES AND CUSTOMS DUTIES
All taxes, import duties, tariffs, customs fees, and any other charges levied by the destination country's customs or tax authorities on outbound shipments are the sole responsibility of the customer. D'Argenta has no control over customs processes and cannot predict what charges may apply in your jurisdiction.

Equally, all taxes, export fees, customs duties, or any other government-imposed charges applicable to return shipments — whether originating from the customer's country or upon re-entry into Mexico — are the sole responsibility of the customer. D'Argenta's provision of a prepaid return shipping label covers carrier costs only and does not include any customs duties or taxes that may be assessed on the return journey.

Should an order be returned to us due to customs issues, tax-related refusals, or the customer's failure to pay applicable duties, a restocking and handling fee equivalent to 50% of the order value will be applied to cover manufacturing and shipping costs incurred.

We strongly encourage all customers to consult their local customs or tax authority prior to completing a purchase to become fully informed about any charges that may apply.

TAXES
Prices on dargenta.com are displayed exclusive of any local sales, value-added, or goods and services taxes. D'Argenta is not responsible for any local taxes applicable to your purchase in your country or jurisdiction. We appreciate your understanding and cooperation in ensuring compliance with your local tax laws.

RETURNS
We value your satisfaction and stand behind the quality of every D'Argenta sculpture. Our return policy is designed to be generous and transparent.

Return Window: You have 180 days from the date of delivery to initiate a return.

Return Authorization: All returns must be pre-authorized. To initiate a return, please contact us at contact@dargenta.com within the return window with your order number and a brief description of the reason for return. We will issue a Return Merchandise Authorization (RMA) number and provide return instructions. Returns received without prior authorization may not be processed.

Return Shipping: D'Argenta covers the cost of return shipping in full. Once your RMA is issued, we will provide a prepaid return shipping label.

Condition Assessment and Credit Schedule: Upon receipt of the returned item, our team will assess its condition. The store credit issued will be determined as follows:

— Pristine condition (sculpture received in the same condition as shipped, in its original packaging): 50% of the original purchase price as store credit.
— Mildly damaged (minor surface marks, small scuffs, or superficial wear that do not compromise the structural integrity of the piece): 40% of the original purchase price as store credit.
— Broken (significant structural damage, fractures, or missing components): 35% of the original purchase price as store credit.

D'Argenta's condition assessment upon receipt is final and binding.

Documentation for Damaged Items: To protect both parties and ensure a fair assessment of any damage claim, documentation must begin before the package is opened. We strongly recommend recording a continuous, unedited video starting from the moment you receive the package, clearly showing the intact exterior of the box before any unpacking begins, and continuing through the full unboxing until the sculpture is fully revealed. This pre-opening documentation is essential for us to determine whether any damage occurred during shipping or after delivery. A video is preferred; if a video is not possible, timestamped photographs of the sealed exterior followed by sequential photographs through the unpacking process are required. Documentation must be submitted within 48 hours of delivery. Claims submitted without pre-opening documentation may not be eligible for the full credit schedule and will be assessed at D'Argenta's discretion.

Store Credit Terms: All store credit is issued as D'Argenta website credit, valid for 12 months from the date of issuance. Store credit is non-transferable and may not be redeemed for cash.

Non-Returnable Items: Custom-commissioned sculptures and pieces that have been personalized or altered at the client's request are not eligible for return unless a manufacturing defect is present at the time of delivery. The determination of whether a condition constitutes a manufacturing defect rests solely and exclusively with D'Argenta. Only D'Argenta possesses the technical knowledge of our materials, processes, and quality standards necessary to make this determination. No third-party assessment, customer claim, or external opinion shall override D'Argenta's evaluation.

EXCHANGES
D'Argenta accepts product exchanges on more favorable terms than our standard return policy, as we appreciate customers who wish to remain within our collection rather than discontinuing their purchase.

Exchange Window: You have 180 days from the date of delivery to request an exchange.

Exchange Authorization: All exchanges must be pre-authorized. Please contact us at contact@dargenta.com with your order number, the piece you wish to exchange, and the piece you would like in return. We will issue an Exchange Authorization number and provide instructions.

Exchange Shipping: Shipping costs for both the return of the original piece and the delivery of the replacement piece are the sole responsibility of the customer. All applicable customs duties, import taxes, export fees, and any other government-imposed charges in both directions are likewise the sole responsibility of the customer. If the customer declines to cover shipping or applicable taxes and duties in either direction, no exchange credit will be issued and the transaction will be considered closed.

Exchange Credit Schedule: Upon receipt of the original piece, our team will assess its condition. The credit applied toward the exchange piece will be determined as follows:

— Pristine condition (sculpture received in the same condition as shipped, in its original packaging): 100% of the original purchase price as exchange credit.
— Mildly damaged (minor surface marks, small scuffs, or superficial wear that do not compromise the structural integrity of the piece): 70% of the original purchase price as exchange credit.
— Broken (significant structural damage, fractures, or missing components): 60% of the original purchase price as exchange credit.

D'Argenta's condition assessment upon receipt is final and binding. Exchange credit may only be applied toward the purchase of another D'Argenta piece and may not be redeemed for cash or combined with other promotional credits.

Thank you for choosing D'Argenta.