This website, www.lilianasilva.art, is operated by José Ferreira, with [Tax Identification Number (NIF): 206265662], hereinafter referred to as “we” or “the Operator”. The website aims to promote and sell works of art, design, and ceramics by the artist Liliana Silva (the “Artist”). The Operator is legally responsible for the operation of the website, the management of orders, and compliance with associated legal and tax obligations.

2.1. Ownership: All content on the website, including but not limited to texts, photographs, images, videos, illustrations, logos, icons, graphic design and the software itself, is the exclusive property of the Artist or third parties who have authorized their use. This content is protected by national copyright laws (Copyright and Related Rights Code – CDADC) and international copyright laws (Berne Convention), as well as other intellectual property laws.

2.2.Prohibited Uses: The reproduction, distribution, modification, public display, transmission, or any other form of use of the website content, in whole or in part, for any purpose, is expressly prohibited without the prior written authorization of the Artist or Operator. Unauthorised use constitutes a infringement of copyright and may give rise to legal proceedings.

2.3. Works of Art: The acquisition of a work of art (including ceramic pieces) gives the buyer ownership of the physical object, but does not transfer the copyright to the work. The Artist retains the all intellectual property rights their work.

3.1. Controller: The controller responsible for processing personal data collected through the website is José Ferreira, who can be contacted at info@lilianasilva.art.

3.2. Data Collected and Purposes: Personal data is collected only to the extent necessary for the following purposes:

• Contact Forms and Information Requests: Name, email address and message content. Purpose: To respond to enquiries and provide information about artworks or orders. Legal basis: Legitimate interests of the Operator (Article 6(1)(f) of the GDPR) or taking steps at the request of the data subject prior to entering into a contract (Article 6(1)(b) of the GDPR), as applicable.

• Newsletter: Email address and, optionally, first name. Purpose: To send occasional updates about new works, exhibitions and other news. Legal basis: Consent of the data subject (Article 6(1)(a) of the GDPR). Consent is obtained through an unchecked opt-in checkbox and may be withdrawn at any time using the unsubscribe link included in each email.

• Purchases and Orders: Name, delivery address, billing address, Portuguese Tax Identification Number (NIF), where applicable, email address and telephone number. Purpose: To process and fulfil orders, arrange delivery, issue invoices and comply with legal obligations. Legal basis: Performance of a contract (Article 6(1)(b) of the GDPR) and compliance with legal obligations (Article 6(1)(c) of the GDPR).

3.3. Data Sharing: Personal data is not sold to third parties. It may be shared with service providers where necessary for the operation of the Website and the fulfilment of orders, including:

• Website Hosting and Email Service Providers.
• Shipping and Delivery Companies for the dispatch and delivery of artworks.
• Payment Service Providers (e.g. Stripe, Bank Transfer, PayPal and MB WAY) for processing transactions.
• Accounting services for the fulfilment of tax and accounting obligations.

These service providers are required to process personal data in accordance with applicable data protection laws and to maintain appropriate confidentiality and security measures.

3.4. Data Retention Period: Personal data is retained only for as long as necessary to fulfil the purposes for which it was collected, unless a longer retention period is required by law. Order and invoicing records are retained for the legally required period, generally 10 years under Portuguese tax and accounting legislation. Newsletter subscription data is retained until consent is withdrawn or the subscription is cancelled, subject to any applicable legal obligations.

3.5. Data Subject Rights: Under the GDPR, data subjects have the right to:

• Access: Obtain confirmation as to whether their personal data is being processed and access that data.

• Rectification: Request the correction of inaccurate or incomplete personal data.

• Erasure: Request the deletion of their personal data, where the legal conditions for erasure are met.

• Restriction of processing: Request the restriction of the processing of their personal data in certain circumstances.

• Data Portability: Receive their personal data in a structured, commonly used and machine-readable format, where the right to portability applies.

• Objection: Object to the processing of their personal data in circumstances provided for under the GDPR, including processing for direct marketing purposes.

• Withdrawal of Consent: Withdraw consent at any time where processing is based on consent. This does not affect the lawfulness of processing carried out before consent was withdrawn.

To exercise any of these rights, data subjects may submit a request by email to info@lilianasilva.art.

The Operator will respond without undue delay and, in principle, within one month of receiving the request. This period may be extended by up to two additional months where necessary, taking into account the complexity and number of requests. The data subject will be informed of any such extension within the initial one-month period.

Data subjects also have the right to lodge a complaint with the Portuguese Data Protection Authority, the Comissão Nacional de Proteção de Dados (CNPD), through its website: www.cnpd.pt.

4.1. What are Cookies? Cookies are small text files stored on the user’s device (such as a computer, tablet or mobile phone) when they visit a website. They are commonly used to ensure the proper functioning of websites, improve the user experience and provide website owners with information about how their websites are used.

4.2. Types of Cookies Used: The website may use the following types of cookies:

• Essential Cookies (Strictly Necessary): These cookies are necessary for the basic functioning of the Website, such as enabling navigation and access to secure areas. They do not require the user’s consent where they are strictly necessary to provide a service expressly requested by the user.

• Analytics Cookies (Non-Essential): These cookies help collect information about how users interact with the Website, such as the pages visited, time spent on the Website and traffic sources. They are only activated after the user’s prior consent, where required by applicable law.

4.3. Cookie Management: When users first visit the Website, a cookie banner allows them to accept all cookies, reject all non-essential cookies or manage their preferences. Users may change or withdraw their consent at any time through the Website’s cookie management settings.

5.1. Orders and Availability: The artworks presented on the Website are subject to availability. By placing an order, the customer agrees to these Terms and Conditions, as well as the Privacy Policy and Cookie Policy. The Operator reserves the right to refuse or cancel an order in the event of a clear pricing or description error, or if the artwork becomes unavailable. In such cases, any payment already made will be refunded.

5.2. Prices and Payment: All prices are displayed in Euros (€) and include VAT, where applicable, at the legally applicable rate. Shipping costs are calculated and displayed before the order is finalised. Payment may be made using the methods available on the Website, such as credit card, PayPal, MB WAY or bank transfer. Orders are processed once payment has been confirmed.

5.3. Shipping and Delivery: All artworks are carefully packaged to ensure their protection during transport. Delivery times are estimates and may vary depending on the availability of the artwork and its destination. Any customs duties, import taxes or other charges applicable to international shipments outside the European Union are the responsibility of the buyer, where legally applicable.

5.4. Right of Withdrawal: In accordance with Decree-Law No. 24/2014 of 14 February, as amended, consumers have the right to withdraw from a distance purchase contract within 14 days of receiving the goods, without having to provide a reason, except where a statutory exception applies.

To exercise this right, the consumer must inform the Operator of their decision through a clear statement sent by email to info@lilianasilva.art or by another legally accepted means.

The goods must be returned within 14 days of notifying the Operator of the decision to withdraw. Consumers may be responsible for the direct cost of returning the goods, provided they have been informed of this obligation before purchase.

Consumers may handle and inspect the goods to the extent necessary to establish their nature, characteristics and functioning. However, they may be held liable for any diminished value resulting from handling beyond what is necessary for such inspection.

Refunds will be issued within 14 days of receiving notification of the withdrawal. The Operator may withhold the refund until the goods have been received or proof of their return has been provided, whichever occurs first.

The right of withdrawal does not apply to goods made to the consumer’s specifications or clearly personalised, where the statutory exception applies.

5.5. Legal Guarantee and Conformity: All artworks are individually handcrafted. Minor variations in colour, texture, shape and dimensions are inherent characteristics of the handmade production process and contribute to the individuality of each piece. Such variations do not, in themselves, constitute a lack of conformity where they are consistent with the product description and information provided before purchase.

The Operator remains responsible for the conformity of goods with the contract in accordance with applicable consumer protection legislation, including Decree-Law No. 84/2021 of 18 October, as amended.

For new goods, the legal conformity guarantee is generally three years from delivery. Consumers should report any suspected lack of conformity to the Operator by email at info@lilianasilva.art, providing photographs and a description of the issue where possible. This does not limit any statutory consumer rights or deadlines.

The website may contain links to third-party websites, such as social media platforms and payment service providers. Access to and use of these websites are subject to their respective terms and conditions and privacy policies.

The Operator has no control over the content, policies or practices of third-party websites and cannot be held responsible for them, without prejudice to any responsibilities imposed by applicable law.

The Operator makes reasonable efforts to ensure that the information provided on the Website is accurate and up to date. However, occasional errors or omissions may occur.

The Operator shall not be liable for temporary interruptions, technical issues or inaccuracies arising from circumstances beyond its reasonable control, subject to applicable law.

Nothing in these Terms and Conditions shall exclude or limit any liability or consumer rights that cannot legally be excluded or limited under applicable law.

The Operator reserves the right to update or amend this Legal Notice, including the Privacy Policy, Cookie Policy and Terms and Conditions, whenever necessary to reflect changes in the website, its services or applicable legislation.

Any changes will be published on the website and will take effect from the date of publication, unless otherwise stated. Changes will not affect contracts already concluded or rights already acquired by consumers.

Users are encouraged to consult this page periodically to remain informed of any updates.

This Legal Notice and any disputes arising from the use of the Website or the purchase of goods shall be governed by Portuguese law, without prejudice to any mandatory consumer protection provisions that may apply under the laws of the consumer’s country of residence.

Any disputes shall be submitted to the competent courts in accordance with the applicable legal rules, including mandatory rules on consumer jurisdiction.

For any questions or enquiries regarding this Legal Notice, the website, or its policies, users may contact the Operator at:

José Ferreira

Email: info@lilianasilva.art – Website: www.lilianasilva.art