These Terms & Conditions constitute a binding legal agreement ("Agreement") between You and Us governing your use of our Website.
By accessing or using our Website in any manner (including purchases, bookings, commissions, or backorders), You agree to be bound by these Terms & Conditions. Only individuals aged eighteen (18) years or older may engage in such transactions.
"Agreement" means these Terms & Conditions in their entirety.
"Us" / "We" refers to the co-founders of Aperturas Creativas: Geraldinne Nahir López Rivera ("Geraldinne Nahir") and Jaime Pérez López ("Jaime Pérez"), whose home-gallery-atelier is located in Quintana Roo, México.
"You" refers to visitors of our Website, including buyers, as well as prospective buyers
"Website" means all web pages under the domain AperturasCreativas.com, operated by Us as a digital platform for browsing, reserving, and purchasing Items.
"Content" means any material published on the Website by Us.
"Items" means any artwork offered for purchase on the Website, including commissioned murals and artworks.
"Carrier" means any third-party delivery service contracted by Us to transport Items to You.
Governing Law
This Agreement is governed by and construed in accordance with the laws of the Estados Unidos Mexicanos. The application of foreign laws is expressly excluded.
Severability
If any provision of this Agreement is deemed invalid or unenforceable, it shall be modified to the minimum extent necessary to remain enforceable, without affecting the validity of the remaining provisions.
Force Majeure
We are not liable for failure to perform obligations caused by events beyond our reasonable control.
Limitation of Liability
We are not responsible for third-party websites linked from our Website. We disclaim liability for any indirect, incidental, or consequential damages (including loss of data, revenue, or profits) arising from your use of the Website or the purchase of Items. In all cases, our liability is limited to the purchase price of the Item giving rise to the claim.
Intellectual Property Rights
All intellectual property rights in the Content remain the exclusive property of Us or the relevant Content provider. You may not reproduce, distribute, modify, or otherwise exploit Content except as expressly permitted by this Agreement.
Indemnity
You agree to indemnify and hold Us harmless from any claims, damages, or expenses (including reasonable legal fees) arising out of:
Dispute Resolution
Any dispute arising under or in connection with this Agreement shall first be submitted to good-faith mediation before either party (You or Us) may pursue arbitration or litigation.
Termination
We may suspend or terminate your access to the Website, Items, or communications if You engage in abusive conduct, including — but not limited to — threats, libel, obscenity, harassment, or offensive communications.
Information You Provide
You warrant that all information You provide is accurate, current, and complete. This information is required for Us to fulfill transactions.
Privacy Policy
Our Privacy Policy, available on a separate page, governs how We collect, process, and protect your data.
System Security
You agree not to violate or attempt to violate any aspect of the security of our Website, nor to permit or enable any other person to do so. You further agree not to modify, reverse-engineer, disassemble, decompile, copy, or otherwise cause damage or unintended effects to any part of our Website or to any software utilized therein, nor to permit or enable any other person to do so. You acknowledge and understand that such conducts may constitute a violation of applicable laws and regulations and may result in civil or criminal liability. Examples of prohibited conduct include — but are not limited to — unauthorized access to data, attempts to probe, scan, or test the vulnerability of a system, or breaches of security or authentication measures. Interference with service to any user, host, or network — including, without limitation, overloading, flooding, mail bombing, or crashing — also constitutes a violation. Forging any Transmission Control Protocol/Internet Protocol (TCP/IP) packet header or email/posting information, or attempting to obtain Items to which You are not lawfully entitled, are likewise prohibited actions.
Prices & Payments
Returns & Refunds
To request a return, You must notify Us in writing within seven (7) calendar days of delivery. Returned Items must be shipped back to Us within ten (10) calendar days of our written confirmation of your request.
Refunds will be processed within thirty (30) calendar days of receipt of the returned Item, subject to the following conditions:
Backorders
The reservation fee for a backordered Item (USD $100, applied to hold an artwork pending final payment) is strictly non-refundable. If You fail to remit the final payment within thirty (30) calendar days of paying the reservation fee for the backorder, the reservation shall be deemed forfeited, and the fee will be redirected to support our social-impact project.
Should You later wish to purchase the same Item, You must either (i) pay the full purchase price at its then-current value, or (ii) submit a new backorder reservation fee and remit the final payment within the specified period.
Commissions
A non-refundable deposit of fifty percent (50%) of the total price is required for all commissioned Items (mural or artwork on canvas). If You cancel a commissioned project at least five (5) calendar days before the agreed-upon start date, as set forth in the mutually executed contract (bewteen You and Us), the deposit may be applied as credit toward the purchase of any Item available in our Art Gallery.
All progress payments made pursuant to installment schedules are strictly non-refundable, as such funds are allocated to materials and labor.
Failure to remit the final payment on the delivery date of a commissioned Item shall result in the following:
In the event that We cancel a commissioned project, both the deposit and all progress payments shall be refunded in full to You.
If a commissioned project is terminated due to circumstances beyond our reasonable control (including, without limitation, weather conditions, property changes, or emergencies), both Parties shall confer in good faith to determine equitable adjustments.
Packaging, Shipping, & Delivery
We cover all packaging and shipping costs. Fully paid Items will be shipped either flat in a reinforced cardboard box or rolled in a sturdy plastic tube.
All shipments are made exclusively through UPS, with worldwide delivery originating from Quintana Roo, México. Estimated delivery times are available at UPS.com.
Deliveries will be made by the Carrier to the shipping address provided in your order. You are responsible for ensuring that an authorized recipient is present to accept delivery.
If We are unable to dispatch your Item within thirty (30) calendar days of the order date, We will notify You via email and provide a revised estimated delivery timeframe.
Disclaimers
We reserve the right to modify or improve our Website, its Content, or any Items offered, at any time and without prior notice.
All descriptions, weights, dimensions, and specifications of Items are provided for reference only and may contain minor errors or variations. Such Content shall not form part of this Agreement. Content may also include typographical or technical inaccuracies.
We make no warranty, whether express or implied, as to the suitability, adequacy, or fitness of any Item purchased for your personal use or for third parties.
We do not warrant that our Website will be compatible with your equipment, software, or telecommunications systems.
Contact Information
You can reach Us via email at info@AperturasCreativas.com or through the live chat function located at the bottom-right corner of our Website.
Effective Date
The Terms & Conditions applicable to You are those published on our Website at the time of your order.
We may amend this Agreement from time to time. To remain informed of such changes, We recommend subscribing to our Newsletter, which provides email notifications of updates. Alternatively, You may review the Effective Date noted at the bottom of this page before making any purchase, booking, commission or backorder.
Our Terms & Conditions were last updated in October 2025.