General Information

ArteMorfosis is operated by Cubisima.com AG, a Swiss company based in Zürich.

The Platform functions as an intermediary and authorized sales agent for the artist (“Seller”).

When a purchase is completed, the contract of sale is concluded between the Buyer and the Artist, with Cubisima.com AG facilitating the process.

Scope of Application

These Terms & Conditions apply to all purchases initiated via Artemorfosis.com or through direct communication channels (email, WhatsApp, or social media) that lead to a sale.

Nature of the Goods

All artworks offered are unique or limited-edition artworks, individually created by Cuban artists.

Minor variations from the displayed images are typical for hand-crafted artworks.

Pricing, Fees, and Commission

Prices shown on the website reflect the artist’s price plus the Platform’s commission.

Shipping, export permits, packaging, insurance, and customs costs are:

  • determined individually during communication with the buyer,
  • clearly explained before purchase,
  • itemized in the invoice

Order Process & Contract Formation

There is no automated checkout.

Contract formation follows this process:

  • Buyer contacts ArteMorfosis.
  • We confirm availability and provide all additional costs.
  • Buyer confirms intent to purchase in writing.
  • Cubisima.com AG issues an invoice on behalf of the artist.
  • The contract becomes binding when the invoice is paid in full.
Payment

Payment methods are communicated individually.

Cubisima.com AG collects payment on behalf of the artist.

Delivery, Export & Customs

All artworks originate in Cuba and require:

  • official cultural export permits
  • specialized art packaging
  • international shipping

We provide estimated timelines based on the carrier and export procedures.

Customs duties, import taxes, and clearance fees outside Cuba are the buyer’s responsibility unless agreed otherwise.

7a. Shippin Cuban Art to the United States (Legal & Embargo-Exempt)

  • Exporting and importing Cuban artworks into the United States is legal and explicitly exempt from the US embargo.
  • This exemption is guaranteed under the Cuban Assets Control Regulations (CACR) issued by the U.S. Department of the Treasury:
    • Article 515.206 states that “information and informational materials” are exempt from embargo prohibitions.
    • Article 515.332 defines artworks as information and informational materials.
  • This means:
    • Cuban artworks may be purchased by U.S. buyers and legally imported into the United States without restrictions, licenses, or special permits under the embargo.
  • ArteMorfosis provides all necessary export documentation and assists with standard customs procedures.
Inspection & Condition

Each artwork is inspected prior to shipment.

Due to their handmade nature, minor imperfections are part of the artistic process

Return Policy & Right of Withdrawal

All sales are final.

No returns, cancellations, or exchanges are accepted.

Justification under Swiss, EU, and US law:

  • unique, non-replaceable artworks,
  • high-risk international art transport,
  • complex and often impossible re-importation into Cuba,
  • legal exception for individually created art.

This policy is fully disclosed during communication and before payment.

Damage During Transport

If an artwork arrives damaged, buyers must notify us within 48 hours with photos.

ArteMorfosis assists with insurance claims.

Compensation is paid by the carrier/insurer, not the artist.

Warranty

Artworks are sold as unique artistic creations.

No commercial warranties are provided beyond mandatory Swiss law.

Authenticity

Each artwork is accompanied by a certificate of authenticity issued by the artist or by ArteMorfosis acting on their behalf.

Intellectual Property Rights

The purchase of an artwork does not include reproduction or copyright rights.

All intellectual property remains with the artist.

Limitation of Liability

Cubisima.com AG is liable only for intentional or grossly negligent conduct within the limits of Swiss law.

The artist is responsible for the authenticity and creation of the artwork.

Governing Law & Jurisdiction

The contractual relationship is governed by Swiss law, excluding conflict-of-law principles.

Jurisdiction is Zürich, Switzerland, unless mandatory consumer protection laws in the buyer’s home country apply.

Customer Support

For all inquires: Contact us

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