Preliminary Clause – Special Nature and Prevalence of These Terms
These specific terms and conditions shall exclusively govern the acquisition of the artistic product referred to as the “Mystery Box.” In the event of any conflict or inconsistency with any general terms and conditions of sale applicable in the Seller’s physical or digital environments, the provisions set forth herein shall prevail, as they constitute special contractual terms governing a unique and conceptually distinctive product.
The express acceptance of these specific terms by the purchaser shall constitute an essential condition for the valid formalization of the purchase.
These terms and conditions govern the purchase and use of the product known as the “Mystery Box,” marketed by CAPITALISM ART, S.L. (hereinafter, the “Seller”), consisting of a box containing a legal tender five-euro (€5) banknote, which has been artistically intervened and presented as a conceptual artwork.
The product constitutes a contemporary conceptual artwork. The inclusion of a legal tender banknote serves purely expressive, symbolic, and collectible purposes, and does not in any manner imply monetary, financial, or exchange-related functionality.
The banknote may be altered by means of artistic techniques (including but not limited to painting, stamping, or printing), which modify its visual appearance while preserving its physical integrity. The purchaser acknowledges and expressly accepts that such interventions may affect the note’s eligibility for legal circulation as a means of payment, without prejudice to its value as a work of art.
The purchaser acknowledges and agrees that the Mystery Box shall not be used as a payment instrument, financial transfer mechanism, or investment vehicle. Any repurposing of the banknote for uses other than artistic or collectible shall be at the sole risk and responsibility of the purchaser, and may be subject to the sanctions provided for in Council Regulation (EC) No 1338/2001 on the protection of the euro against counterfeiting.
The Seller is not affiliated with, endorsed, or supported by the European Central Bank or any national or international monetary authority or issuer of currency.
The Seller guarantees that the banknote included in each box originates lawfully and corresponds to a valid denomination of the euro, except where it has been artistically modified. The physical condition of the banknote (new, circulated, or intervened) shall be as determined at the time of production of the artwork and may not be selected or altered at the purchaser’s request.
The acquisition of the product does not confer upon the purchaser any expectation of financial return, appreciation in value, or economic gain. Any interpretation of the product as an investment, savings mechanism, or speculative asset is hereby expressly excluded.
In accordance with Article 103, subsections (c) and (d), of Royal Legislative Decree 1/2007, of 16 November, approving the General Law for the Protection of Consumers and Users of Spain, the right of withdrawal shall not apply to goods made to the consumer’s specifications or clearly personalized, nor to those which, by their nature, cannot be returned without altering their essential characteristics.
Accordingly, returns shall not be accepted once the box has been opened, except in cases of serious manufacturing defect or manifest error in the contents.
The design, presentation, and artistic intervention of the elements contained in the Mystery Box — including the intervened banknote — are original creations protected under applicable intellectual property laws. Any reproduction, distribution, public communication, or transformation of the contents, whether in whole or in part, without the prior express written authorization of the Seller or the relevant author, is strictly prohibited. The acquisition of the product does not entail any assignment of intellectual property rights, which are limited to private or collector’s use.
The inclusion of a legal tender banknote as part of an artistic product shall not exempt the purchaser from compliance with any tax obligations that may arise from the acquisition, possession, transfer, or potential appreciation of the object. The purchaser shall be solely responsible for evaluating and fulfilling any such obligations. The Seller does not provide tax advice and shall not be held liable for any tax liabilities derived from the purchase or ownership of the product.
This agreement shall be governed by and construed in accordance with the laws of the Kingdom of Spain. Any disputes arising from the interpretation or performance of these terms and conditions shall be submitted to the exclusive jurisdiction of the Courts and Tribunals of the city of Madrid, with the express waiver by both parties of any other jurisdiction that may correspond to them.