GENERAL TERMS AND CONDITIONS OF CONTRACT
1. Owner and scope
These terms govern purchases of online courses, licenses for Art Panel Pro and Art Panel, workshops and photographic experiences made through www.artenocturno.com or its distance-contracting channels.
The owner and contracting party is Pedro Martínez Sánchez (Arte Nocturno), NIF 48649625W, with an address at Saavedra Fajardo 13, Murcia, Spain. Contact: pedro@artenocturno.com and +34 644 742 523.
Workshops and trips offered by SIDERAL TOURS are booked with Pedro Martínez Sánchez under this travel agency trading name, registered under C.I.MU.509.m. Each activity page identifies the organizer and the included services. Arte Nocturno and SIDERAL TOURS are trading names of the same owner.
The specific terms communicated before entering into the contract supplement these terms. For software, the version of the license agreement accepted at the time of purchase also applies:
https://www.artenocturno.com/art-panel-pro-terminos-legales/
No term limits the rights that the law mandatorily grants consumers. If general terms conflict, the interpretation most favorable to the consumer will prevail in accordance with the law.
2. Information and contracting process
Before payment, information will be provided about the characteristics of the product or activity, total price, payment method and deadlines, delivery or performance, duration of access or the license and, where applicable, technical requirements and cancellation terms. For courses, their format, content, duration and access period will be stated; for workshops and trips, the dates, included services and participation requirements will be stated.
Contracts can be entered into in Spanish. On the website, the customer selects the product or activity, enters their details, reviews the order summary, accepts the applicable terms and confirms payment using an available method. They can correct their details in the form before confirming the order. If they subsequently notice an error, they can report it to pedro@artenocturno.com.
For contracts entered into by email or direct contact, the offer and its terms will be provided before the customer accepts them. Receipt of payment and confirmation of the purchase or booking will be communicated by email. The confirmation will include what has been contracted and the applicable terms in a format that can be retained. The owner will electronically archive the contract documentation and the accepted version; the customer may request a copy using the contact address.
Places are subject to availability. If a booking cannot be confirmed, the customer will be informed and any amount charged will be refunded without undue delay. The product or activity will not be substituted without their acceptance.
3. Price and payment
Prices directed at consumers are expressed in euros and include applicable taxes. The total amount and any additional costs are shown before the purchase is confirmed; no surcharges that have not been disclosed and accepted beforehand will be charged.
The payment methods available at purchase are accepted and, where offered, bank transfer to the account communicated by the owner. The corresponding receipt or invoice will be provided. Paper invoices are free of charge; electronic invoicing requires the customer's prior consent, which they may revoke.
For workshops and trips, unless the specific terms provided before booking establish another schedule, 30 % is payable when booking and the remaining 70 % by 30 days before the start. If fewer than 30 days remain, the full price is payable when the booking is confirmed. These advance payments form part of the price and do not, in themselves, constitute a non-refundable penalty.
4. Online courses and software
Digital content will be provided after payment is confirmed, within the period stated before purchase. If the customer expressly requests that supply begin during the withdrawal period, access or downloading will be enabled immediately or within a few hours. The right of withdrawal is only lost if all the requirements described in the cancellation policy are met.
Art Panel Pro and Art Panel are different editions. Commercial licenses advertised as “Lifetime” are paid for once, without a subscription, and allow indefinite use of the version purchased. Any trial or temporary license will have the duration stated before its acceptance. Each license permits use by one user and one active device at a time; changing devices is managed in the customer area in accordance with the license agreement. The purchase grants a right to use the software; it does not transfer intellectual property ownership. Third-party components retain their own licenses.
Both editions require official Adobe Photoshop Desktop, installed and activated, version 24.7.0 or later, on Windows or macOS, within the compatible system and version combinations published before purchase. Photoshop is purchased separately. Compatibility with Photoshop for iPad or the web is not included. Additional Art Panel Pro features may require Apple Silicon on Mac or Windows x64; the product details state the requirements applicable to each feature. An Internet connection is required for activation and periodic license checks.
The customer must consult these requirements before entering into the contract. If an incompatibility is due exclusively to an environment that does not meet requirements clearly communicated before purchase, operation in that environment is not guaranteed. This provision does not exclude claims arising from incorrect information, undisclosed requirements or a lack of conformity of the product.
Unless a different offer states otherwise, included commercial enhancements are limited to the major version purchased (v3.x). Subsequent major versions may be purchased separately. This policy does not limit the obligation to provide updates, including security updates, necessary to maintain conformity during the legally required period.
5. Conformity and assistance
Digital content and services must conform to the contract and the statutory conformity requirements. For a single act of supply or a series of individual acts of supply, the owner is liable for any lack of conformity existing at the time of supply that becomes apparent within the following two years. Where continuous supply has been agreed, the owner is liable throughout the contracted supply period. Statutory update obligations apply according to their own time limits.
Where applicable, the consumer may require conformity to be restored free of charge, within a reasonable period and without significant inconvenience, or a price reduction or termination of the contract in the circumstances provided for by law. These rights are independent of withdrawal and any voluntary refund policy.
Support is provided by email and WhatsApp using the contact details stated. The order number, purchase email address or other information that is proportionate and sufficient to verify ownership may be requested. A change of telephone number or a country code from another country does not, in itself, prevent assistance or the exercise of statutory rights. To diagnose issues, only reasonable and necessary cooperation will be requested, using the least intrusive technical means available.
6. Workshops and trips
Workshops consisting of leisure activities with a specified date or period of performance are subject to the cancellation rules described in the cancellation policy. The exception to withdrawal does not automatically apply to every training service solely because it has a date.
If an activity meets the statutory requirements for a package travel arrangement, Book Four of the consolidated text of the Ley General para la Defensa de los Consumidores y Usuarios will apply, regardless of its trading description. Before booking, the standard information form, the specific travel terms and the legally required information will be provided, including details of the corresponding guarantees. The contract or its confirmation will be supplied on a durable medium.
The terms of each trip govern its payments and specific features without restricting statutory rights of termination, transfer, assistance, proper performance, reimbursement and, where applicable, compensation. The general workshop policy does not replace the specific rules for package travel.
7. Withdrawal and cancellations
The general withdrawal period for distance contracts with consumers is 14 calendar days, subject to the exceptions and conditions provided for by law. For digital content, general acceptance of these terms or payment does not, in itself, constitute the express consent required to lose that right.
Arte Nocturno maintains a voluntary satisfaction policy for online courses: a full refund of the amount paid if requested within three calendar days after purchase, even if the content has been accessed. For Art Panel Pro and Art Panel, no voluntary refund is offered once access, a download link or a key has been delivered. This distinction does not restrict the statutory right of withdrawal where it remains available or rights arising from lack of conformity.
Full information on time limits, exceptions, cancellations, refunds and the withdrawal form is available at:
https://www.artenocturno.com/condiciones-de-cancelacion-y-desistimiento/
8. Complaints and applicable law
Inquiries and complaints may be sent to pedro@artenocturno.com, made by phone at +34 644 742 523 or sent to the address stated. An acknowledgment of the complaint and a reference allowing it to be identified will be provided. A response will be given as soon as possible and, in any event, within 15 calendar days after submission.
If a complaint is not resolved satisfactorily, information will be provided on a durable medium about the competent alternative dispute resolution entity and whether its involvement is accepted or participation is mandatory, in accordance with Ley 7/2017. The consumer may also contact public consumer services and the competent courts.
Spanish law applies without depriving consumers of the protection afforded by the mandatory rules of their country of habitual residence where those rules apply. Jurisdiction will be determined by the applicable law; consumers are not required to submit exclusively to the courts of Murcia.
Changes to these terms apply to new contracts. They do not, in themselves, alter contracts already concluded or acquired rights.
