This is an English translation of the Términos y Condiciones, provided for convenience. If the translation and the Spanish original differ, the Spanish version governs. Quotations from Colombian laws and regulations are our own translations; only their Spanish text is official.

Terms and Conditions of Booking

El Arte de Nicolás · In force since September 18, 2026 · Updated on October 11, 2026: sections 1, 4, 4.bis, 5, 7 and 9, written notices can be given by WhatsApp; the balance for an event is paid no later than the day before, by the link, by bank transfer or in cash; the work is delivered on the same day or within the following three business days; the time agreed is the time of arrival for the setup, within the session; and the time frame for the portrait and the commissioned painting starts when the Client confirms the design. Updated on October 6, 2026: sections 1, 2, 3, 4, 4.bis, 5, 7 and 8, in live painting what is painted can be chosen when booking, at its published price, and the deposit is calculated on the total; hand-painted pieces can be ordered without an event; the intermediary may pay on behalf of the person holding the event; and refunds the gateway does not reverse are made by bank transfer. Updated on September 29, 2026: the address of the Artist’s domicile (section 1), and how a partial refund is made when the payment method does not allow it (section 5). Reviewed on September 28, 2026: drafting notes were removed, without changing any condition. Updated on September 26, 2026 (section 2: how many pieces are painted live in one session, and that the others are painted beforehand in the studio and delivered on the day of the event). Changes of September 25: section 8.2, publishing a commissioned portrait, or a work painted live in which people can be recognized, requires the image-use authorization. Changes of September 23: section 2, in live painting the price is that of the session and what is painted is quoted separately; section 3.bis, sales agreed via WhatsApp or another channel; section 4.bis, orders, works without a date.

1. Who provides the service

Ubaldo Nicolás Herrera de Ávila, a natural person identified with Colombian citizenship card (cédula de ciudadanía) no. 73.111.757, domiciled at Barrio Torices, Cl. 41, Ed. Gaviotas del Lago, apto. 201, Cartagena de Indias, Colombia (hereinafter, the Artist), provides live painting services at events.

Contact phone: +57 324 661 7899
Website: https://elartedenicolas.com

The Client is whoever makes the booking, whether the person holding the event or an intermediary (a wedding planner, an organizer, a hotel) who books on that person’s behalf.

When the person booking is an intermediary, they declare that they have the authorization of the Data Subject to provide the data, and they are answerable to the Artist for that declaration.

When the intermediary pays. When an intermediary books on behalf of the person celebrating the event, that person accepts these Terms in the link to their booking, also when the intermediary pays. The intermediary may pay all of the price or part of it; what it pays, it pays on behalf of that person and under these Terms.

Written notices. Any written notice under these Terms may be given by email or by WhatsApp to the contact phone number. What counts is the date on which it arrives.

2. What the service includes

Each service published in the catalog states its duration, price and conditions.

In live painting, the published price is that of the session, and it includes:

The presence of the Artist, painting during the event, for the stated duration.
Setting up and taking down the workstation.

What is painted is not included in the price of the session: it is added to it.

What is chosen when booking. When booking live painting, the Client may choose what is painted, at the price published on the service page:

The main work, by its size: a portrait, a scene of the venue or a fingerprint tree.
Pieces by the unit (small-format paintings, fans, hats or other souvenirs), with their quantity.

Choosing is optional: the session alone may be booked. What is chosen is recorded in the booking with its price and forms part of the total price (section 4).

What is not chosen when booking (another size, another piece, anything beyond the quantity the website allows, or anything decided later) is quoted separately according to its type, size and quantity, and its price is agreed in writing before the event.

Each work and each piece, whether chosen when booking or quoted, includes its materials and, when required, its finishing in the studio.

The fingerprint tree. When the guests arrive, the canvas already has the tree painted on it. During the event, the guests place their fingerprints in the colors the Client chooses, and the Artist finishes the tree with them as its leaves. How many fingerprints it has and where they end up depends on the guests who take part.

How many pieces are painted live. The service page states how many pieces are painted live during one session. The main work does not count toward that number. If more are booked, those beyond that number are painted beforehand in the studio and delivered on the day of the event.

Not included, unless expressly agreed in writing:

A frame or framing.
Shipping the work to an address other than the agreed place of delivery.
Time beyond what was booked.
Travel outside the city of the event, or accommodation, when the trip requires them.
Reproductions, copies or digital versions of the work.

3. How to book

The Client chooses the service and an available date on the website and, in live painting, if they wish, what is painted (section 2).
They fill in their details and accept these Terms and the Data Processing Policy.
The system reserves the date provisionally and issues a payment link.
The booking is confirmed only when the deposit is received. Until then the date is not secured and may be taken by another Client.
If the deposit is not received within the window stated in the payment link, the provisional booking is released automatically.

⚠️ This point 4 is not a formality. It is the only rule that prevents two events from being scheduled for the same date, and the system applies it automatically.

3.bis. Sales agreed via WhatsApp or another channel

When the service is agreed directly with the Artist (via WhatsApp, by phone or in person), the Artist records the sale and sends the Client the link to their booking.

In that link the Client sees what was agreed: the service, the date or the size (or, if it has neither, the description of what was sold), the price and the deposit.
The Client accepts these Terms in that link, before paying. Without that acceptance, no online payment request is issued.
The price is the agreed one, which is the one shown in the link, even if it differs from the one published in the catalog.
Everything else applies in the same way. With a date, the sale follows the rules of a booking (sections 3 to 5); without a date, those of an order (section 4.bis), also when what was sold has no size. The right of withdrawal in section 5.ter applies on the same terms.

4. Price, deposit and balance

The published price is the suggested list price in Colombian pesos (COP).
To book, a deposit of 50% of the total price of the booking is paid (the anticipo, an advance payment on account of the price). In live painting, the total is that of the session plus that of what was chosen when booking (section 2); in a sale under section 3.bis, the agreed price.
The balance is paid no later than the day before the event, with the booking’s payment link, by bank transfer to the account the Artist indicates or in cash, against a receipt. If the Client needs to pay it another way or at another time, they agree on it with the Artist in writing (section 1). If the balance is not paid when the session begins, the Artist is not obliged to begin it, and it is treated as a cancellation by the Client (section 5). For an order, when the work or the pieces are delivered (section 4.bis).
The price (that of the session and that of each size and each piece chosen) and the deposit percentage are frozen at the time of booking: a later change in the catalog does not alter a booking already created.
What is quoted separately (section 2) is paid under the conditions set by the written agreement on its price.
Changes after booking. Anything added to what was chosen is quoted separately, as in the previous point. If the Client removes something from what was chosen, the total price is reduced by the frozen price of what is removed, and the balance becomes that of the new total. Sections 5 and 5.bis apply to the share of the deposit that corresponds to what is removed (50% of its price), as to a cancellation, without prejudice to the right of withdrawal in section 5.ter. In a sale under section 3.bis, a change to what was agreed is agreed in writing.

Payment methods. Online payment is processed on Wompi (Bancolombia’s payment gateway); the Artist does not receive or store card details. The balance can also be paid by bank transfer or in cash, against a receipt.

Payments above the gateway’s limit. When a payment (the deposit or the balance) exceeds the gateway’s per-transaction limit, no online payment link is issued for that payment: it is arranged by direct bank transfer, and if it is the deposit, the booking or the order goes under review in the meantime. This is not a failure; it is a limit of the payment method.

Shared bookings. When the payment is split between the end Client and an intermediary, each party receives its own link for the amount that corresponds to it. The booking is confirmed when the sum of the deposits covers the total required.

4.bis. Orders: works and pieces without a date

Some services are contracted as an order: they have no date or event. They are ordered in two ways:

By size, such as the commissioned oil portrait or the commissioned painting, which are painted in the studio from what the Client sends or describes.
By the unit, with their quantity: hand-painted pieces (small-format paintings, fans, hats or other souvenirs), which are painted in the studio with the design the Client describes when placing the order. The Client sends the references for the design (photographs, a logo) by WhatsApp after placing it.

In all of them:

The price is the one published on the service page: that of the chosen size, or that of each piece times its quantity. The price and the deposit percentage are frozen when the order is placed: a later change on the service page does not alter an order already placed, nor its balance.
To place the order, the deposit stated on the service page is paid, on the total of the order. The balance is paid when the work or the pieces are delivered.
Anything beyond the quantity the website allows is agreed via WhatsApp, as a sale under section 3.bis, under the rules of this section.
Time frame for works by size (the portrait and the commissioned painting). The time frame starts when the Client confirms in writing the design they want, on their booking page or via WhatsApp. From that day, the work is delivered between the minimum number of business days published on the service page when the order was placed and that minimum plus five (5) business days (currently, between ten and fifteen). The date from which it is delivered is communicated to the Client on their page and by email.
Pieces are delivered when they are finished. Their delivery date is confirmed in writing by the Artist upon receiving the design references. If the Client needs the pieces by a certain date, they state it when placing the order; that date binds the Artist only if the Artist confirms it in writing.
Delivery takes place in Cartagena, at the place agreed between the parties; shipping to another city is quoted separately and is not part of the total of the order.
If the Client does not send the design references within thirty (30) days after the order, the order is cancelled as if the Client had cancelled it.
The design that is painted is the one the Client describes when placing the order, specified by the references the Client sends via WhatsApp; what the parties agree through that channel before painting begins prevails over the description. If the Artist cannot or does not agree to paint the requested design, the Artist says so before starting and refunds everything paid. The Artist is not responsible for errors that come from the Client’s description or references; the Artist’s own errors are corrected at no cost.
If the Client cancels the order, the deposit is not returned. The scale in section 5 is counted up to the date of an event, and an order has none. If the Client reduces the quantity after placing the order, the total is reduced by the price of what is removed, and the share of the deposit that corresponds to it is not returned, as in a cancellation.
Because they are made to the Client’s specifications, the right of withdrawal in section 5.ter does not apply to orders.

Art. 47, numeral 3, of Law 1480 of 2011.

5. Cancellation by the Client

Depending on how far in advance notice is given, counted in calendar days up to the date of the event:

Notice	What happens to the deposit
More than 60 days	It is refunded in full, minus the bank costs of the transaction and of the refund
Between 30 and 60 days	50% of the deposit is refunded
Less than 30 days	It is not refunded

Why a scale and not a single rule. The Artist’s real loss grows as the date approaches: with two months’ notice the date can be sold again; with two weeks’ notice, it cannot. A single rule would overcharge in one case or undercharge in the other.

How it is counted. What counts is the date on which the written cancellation notice reaches the Artist, by email or by WhatsApp (section 1).

Refunds. When the gateway allows the payment to be reversed (currently, card payments), the refund of a full payment is made that way, to the same means as the original payment, and is subject to the processing times of the gateway and of the issuing bank, which the Artist does not control. All other refunds (those of payments the gateway does not allow to be reversed, such as PSE, Nequi or the Botón Bancolombia, and those of only part of a payment) are made by bank transfer to the account the Client indicates in writing, within ten (10) business days after the Client indicates it.

5.ter. Right of withdrawal in distance purchases

Because the booking is made at a distance (through the website, or via WhatsApp or another channel under section 3.bis), the Client may withdraw within the five (5) business days following the conclusion of the contract, provided that the provision of the service has not begun. The withdrawal rescinds the contract (resuelve el contrato) and entitles the Client to a refund of all the money paid, without deductions, within the legal time limits.

The scale in section 5 and the cost rule in section 5.bis apply once that window has expired, or when the right of withdrawal is not available under the law. For orders, see section 4.bis.

Art. 47 of Law 1480 of 2011.

5.bis. Who pays the costs of the refund

A refund does not recover the gateway’s fee: Wompi charges for processing the payment and does not reimburse that fee when the money is returned. That cost always exists, and someone has to bear it.

Who causes the cancellation	Who bears the bank and gateway costs
The Client	They are deducted from what is refunded
The Artist	The Artist bears them: the full amount is refunded
Force majeure or a cause beyond both parties	The Artist bears them

The exact amount of those costs is reported with each specific refund.

6. Rescheduling and force majeure

The rule distinguishes on whom the cause depends.

6.1. If the cause lies with the Artist

Illness, accident, incapacity to work or another circumstance that prevents the Artist from performing the service:

The Client is offered a replacement by another artist of equivalent level, if the Client accepts it; or
100% of what was paid is refunded, without deductions and without applying the scale in section 5.

The Artist is not liable for additional damages beyond the refund of what was paid.

6.2. If the cause lies with the event or is beyond both parties

Weather, closure of the venue, restrictions imposed by the authorities, or another circumstance beyond the parties’ control:

The event is rescheduled once at no cost, to an available date within the following 12 months.
If there is no alternative date that suits both parties, the cancellation scale in section 5 applies, counted from the original date.

Outdoor events. The Client is responsible for providing a contingency plan with a covered space. The work is done with materials that water damages irreversibly: if on arrival there is no protected space and the conditions prevent working, the cause is understood to lie with the event.

9.bis. Covered working position: a requirement, not a preference

The Client guarantees an easel position protected from direct sun and from rain, throughout the work.

It is not a comfort for the artist: direct sun alters the drying and the behavior of the pigment, and that affects the work the Client takes home.

If on arrival that position does not exist and cannot be improvised, the rule for a cause lying with the event applies (section 6.2). The Artist does not work in direct sun during the midday hours, and this is stated when booking, not on the day of the event.

6.3. Second rescheduling

A second rescheduling, for any cause, is treated as a new booking and is subject to availability and to the price in force.

7. The work: execution and delivery

The work is painted during the event, in view of the guests. The fingerprint tree arrives with the tree already painted and is finished during the event (section 2).
The pieces painted live are delivered when the session ends, except those that need finishing in the studio, which are delivered within three (3) business days after the event. Those painted beforehand in the studio are delivered on the day of the event (section 2). From delivery, the care of each piece is the Client’s responsibility, and the custody provided in this section also applies to the pieces delivered after the event.
Delivery period. The work is delivered on the day of the event, when the session ends, or, if it needs drying or finishing in the studio, within the three (3) business days following the event. When the session ends, the Artist tells the Client which of the two applies.
When the work needs finishing, it is taken to the studio: drying, fixing, retouching and protection.
The place of delivery is agreed between the parties when arranging the delivery. Shipping to another city is quoted separately.

⚠️ Why some works are not delivered on the night of the event. A freshly painted work may not be dry. Delivering it in that state means delivering it unfixed, and the risk of it being ruined in transit would be borne by the Client. When the Artist takes it to the studio, it is so that he can answer for the result.

If the Client does not take delivery of the work. The Artist keeps it in custody at no cost for three (3) months, counted from the written notice that it is ready. Once that period has expired, and after a second written notice, a monthly custody fee is charged, which will be stated in that notice.

The work remains the Client’s indefinitely: the Artist is not entitled to dispose of it, sell it or destroy it merely because time has passed.

8. Rights to the work and use of images

8.1. The physical work

The Client acquires ownership of the physical support (the painted canvas and each piece) upon paying the full price.

8.2. Promotional use

a) The work and the process. The Artist may photograph and video the finished work and its painting process, and use that material in the Artist’s portfolio, website, social media and promotional material, without time limit and without compensation. This permission is part of these Terms and is granted by accepting them. When people can be recognized in the work, letter b) also applies.

b) Images in which identifiable people appear. They require a separate, specific and revocable authorization, distinct from the general checkbox of these Terms.

It is requested through an optional checkbox in the booking or order form (or in the booking link, when the sale was agreed through another channel, section 3.bis), which may be left unchecked.
Not checking it does not affect the service in any way: not the price, not the date, not the work.
It can be revoked at any time by writing to the personal data email. When it is revoked, the Artist removes the material from the channels the Artist controls within a reasonable time. The revocation does not reach material already printed or copies made by third parties.

In a commissioned portrait (section 4.bis), the finished work portrays identifiable people: publishing it requires the authorization in letter b), which is requested with its own checkbox.

The same applies to the work painted live and to the pieces: if people can be recognized in them, publishing them requires that authorization.

Why separate. The image of an identifiable person is personal data, and its promotional use is not necessary to provide the service. Art. 2.2.2.25.2.4 of Decree 1074 of 2015 requires the authorization to be an unequivocal conduct and provides that “in no case may silence be equated” with it; and Art. 8, letter e), of Law 1581 of 2012 recognizes the right to revoke.

8.3. Copyright

What is agreed:

The Client acquires the physical work: they may keep it, display it, give it away and resell it.
The Artist retains the moral rights of authorship over the creation, among them the right to be recognized as the author and the right to object to the work being mutilated or altered.
The Artist retains the right to photograph and disseminate the work for portfolio and promotional purposes, under the terms of section 8.2.
The Client does not acquire the right to reproduce the work for commercial purposes (prints, printed designs, products) without the Artist’s written authorization.

The moral rights in point 2 are established by Law 23 of 1982, Art. 30: “the author shall have over his work a perpetual, inalienable and unrenounceable right” to claim authorship of it and to object to its deformation.

9. Obligations of the Client

So that the service can be performed, the Client guarantees:

Access to the venue from the start of the booked session, for the setup. The setup takes one (1) hour and fits within the session: the time agreed with the Client is the time the Artist arrives to set up, and the painting begins one hour later.
A workspace of approximately six (6) m², on firm and level ground.
A power outlet less than ten (10) meters away, if the service requires it.
Enough lighting to paint. If the event is at night and the space is dark, the Client provides lighting or accepts that the result may be affected.
Cover if the event is outdoors (see 6.2).
Reasonable safety conditions for the Artist and the Artist’s materials.
Truthful information about the address and the conditions of the venue.

If on arrival the conditions differ materially from what was reported and this prevents the service from being performed, it is treated as a cause lying with the event (section 6.2).

10. Events in the Archipelago of San Andrés, Providencia and Santa Catalina

⚠️ A warning for the benefit of the Client, not only of the Artist.

Working in the Archipelago without the authorization of the OCCRE (Oficina de Control de Circulación y Residencia, the Office for the Control of Circulation and Residence) exposes the hiring party to a considerably larger penalty than the artist.

Therefore, a booking whose venue is in the Archipelago is not confirmed automatically: it goes under review, no payment link is issued, and the Artist contacts the Client to verify the situation before committing to the date.

The trigger is the activity, not the duration: there is no threshold of days below which the requirement does not apply, nor an abbreviated permit for one-off events.

The Rosario Islands and Barú are NOT subject to this regime: they belong to the District of Cartagena. The requirement belongs to the Archipelago, not to “being an island”.

11. Billing documents

The Artist issues a billing statement (cuenta de cobro), not an electronic invoice.

The billing statement is delivered by email and kept for the applicable legal period.

12. Personal data

The processing of the Client’s personal data is governed by the Personal Data Processing Policy, which forms an integral part of these Terms and is available at https://elartedenicolas.com/privacidad (a courtesy English translation is available at https://elartedenicolas.com/en/privacy).

By accepting these Terms, the Client authorizes the processing of their data for the purposes described there. That authorization is revocable, on the terms and with the exceptions that the Policy explains.

13. Governing law and dispute resolution

These Terms are governed by Colombian law.

Any dispute is resolved before the ordinary courts (jurisdicción ordinaria), without prejudice to the parties first resorting, by mutual agreement, to conciliation as a voluntary mechanism. No arbitration is agreed.

14. Effective date and changes

Entry into force: September 18, 2026.
The version in force at the time of booking applies. A later change does not alter a booking already confirmed.
The system keeps a record of the exact version accepted in each booking.