General Conditions of Sale (GCS)

Effective as of 01/072026

1. General Scope / Context

Moshé Nagar EI (Sole Proprietorship), located at 2680 route de Beynac, 87800 Burgnac, France, registered with the Trade and Companies Register (RCS) under number 989 343 132, SIRET number: 98934313200019, offers artworks for sale via the website shyuartgallery.com. These General Terms and Conditions of Sale apply to all sales concluded through this website.

2. Acceptance of Terms

Any order placed on the website implies the full and unreserved acceptance of the General Terms and Conditions of Sale in force at the time the order is placed. These conditions may be changed at any time. However, in accordance with the principle of contractual non-retroactivity, the version applicable to a given order is that in force on the date of validation of said order.

3. Definitions

  • The Company / The Business: MoshĂ© Nagar EI

  • Website: shyuartgallery.com

  • Artworks: Artworks offered for sale

  • Customer / Client: The buyer of one or more artworks via the website

  • Order: The transaction completed by the Customer

  • Artist: The creator of the artwork

4. Orders

The contract of sale is legally concluded as soon as the Customer clicks "Confirm" ("Valider"). The Customer must provide a valid delivery address and an accepted payment method. Once the order has been processed, a confirmation email will be sent.

5. Artworks and Prices

Each artwork features a dedicated description sheet. Prices are indicated in euros, inclusive of all taxes (TTC) on each product page, and exclude delivery costs. Shipping and handling fees are clearly displayed before the final validation of the order and vary based on the dimensions/weight of the artwork and its destination. For custom orders, special editions, or bulk/volume orders, a detailed quote can be provided upon request.

Clause on the Unavailability of an Ordered Artwork: In the event that an artwork already sold is ordered (e.g., a unique piece accidentally sold to two customers within a few seconds of each other), or in the case of any other unavailability of an artwork already ordered, the customer will be informed as soon as possible and fully refunded. No additional compensation or indemnity may be claimed on this ground.

6. Payment

Payment is due immediately at the time of ordering. Accepted payment methods:

  • Credit / Debit Card

  • PayPal

  • Bank Check (please note: delivery of the artwork will occur within 8 business days after the check has been cleared and fully cashed)

7. Transfer of Ownership and Risk

7.1 Transfer of Ownership (Retention of Title)

By way of derogation from Article 1583 of the French Civil Code, and pursuant to Articles 2367 et seq. of the Civil Code, the gallery retains legal ownership of the artwork until full payment of the purchase price by the Customer, including all ancillary costs and fees. This provision constitutes a valid retention of title clause. In the event of a total or partial default of payment by the due date, the gallery reserves the right to reclaim the artwork, and the Customer undertakes to return it in its original condition at their own expense and risk.

7.2 Transfer of Risk

In accordance with Article L.216-4 of the French Consumer Code, when the Customer is a consumer, the risk of loss or damage to the artwork is transferred to them at the moment they take physical possession of it, or when a third party designated by them—other than the carrier proposed by the gallery—takes physical possession of it. When the Customer entrusts delivery to a carrier other than the one proposed by the gallery, the transfer of risk occurs upon delivery of the artwork to that carrier.

For sales concluded with a professional Client, the transfer of risk occurs upon effective delivery of the artwork to the address indicated, unless otherwise agreed in writing.

8. Right of Withdrawal & Refund Terms

In accordance with Article L.221-24 of the French Consumer Code, consumer clients have a statutory withdrawal period of 14 days, running from the day following the receipt of the item. The company has a period of 14 days to fully refund all sums paid by the client, starting from the date it receives notification of the client's decision to withdraw.

However, the company may defer the refund until the goods have been successfully recovered, or until the customer has provided valid proof of shipment of the goods, whichever date is earlier.

In the event that a returned item is received damaged, the right to a refund may be denied. If a refund was processed solely on the basis of a proof of shipment, the company reserves the right to claim financial compensation or initiate legal recovery proceedings if the item is subsequently received in a non-compliant state.

The customer is strictly required to return the item in its original condition, properly packaged and protected. If the item is returned damaged after a refund has already been completed, the company is entitled to demand a partial or total reimbursement of the initial amount paid, or to initiate appropriate debt recovery procedures.

However, certain products are exempt from the right of withdrawal and cannot be refunded. This applies specifically to:

  • Customized / Bespoke Items: Any item made or tailored specifically for the consumer. To prevent any disputes regarding custom-made orders, the client undertakes to validate the final visual asset or structural description of a customized order before it goes into production. This validation constitutes a firm, binding, and final agreement.

In the event of a standard withdrawal, return shipping costs are the sole responsibility of the client, except in cases of an established defect or non-conformity of the item.

[Link to: Withdrawal Form / Letter Template]

8.1 Transport of Returned Artworks

it is strongly recommended that the Customer return the work via a specialized carrier offering full follow-up, a post-signature discount and insurance covering the actual value of the work. Otherwise, the Customer fully bears the risk of loss or damage until actual reception by the gallery (C. consom. art. L. 221-23).

8.2 Valid Proof of Shipment

In accordance with Article L221-24 of the French Consumer Code, refunds may be deferred until the item is recovered or proof of shipment is presented. To constitute valid proof, the documentation must strictly fulfill all of the following requirements:

  • Clear identification of the carrier

  • An active, verifiable tracking number

  • Drop-off / collection confirmation from the carrier

  • A declared shipping value consistent with the artwork

  • A valid certificate of transit insurance

Failing these cumulative criteria, the Seller reserves the right to deem the proof provided insufficient to trigger a refund.

8.3 Refunds

Refunds will be processed within fourteen (14) days in accordance with applicable consumer regulations. The Seller reserves the right to defer this refund until actual recovery of the artwork or until receipt of a compliant proof of shipment, whichever occurs first. If the refund was issued based solely on a proof of shipment, the company reserves the right to claim compensation or initiate collection proceedings if the artwork arrives damaged or non-compliant.

8.4 Inspection and Expert Assessment upon Receipt

The customer is required to return the artwork in its original condition. Any returned artwork undergoes a thorough technical and aesthetic evaluation upon arrival, including:

  • In-depth visual inspection

  • Structural verification

  • Detailed analysis of its state of conservation

This assessment is carried out in line with the professional standards of the international art market. Returns are carried out under the sole responsibility and liability of the buyer.

8.5 Depreciation and Diminished Value

In accordance with Article L221-23 of the French Consumer Code, any depreciation, deterioration, or alteration of the artwork resulting from handling, usage, or conservation conditions attributable to the Client—exceeding what is strictly necessary to establish the nature, characteristics, and proper condition of the artwork—establishes the full liability of the Client.

Consequently:

  • A financial deduction proportional to the observed depreciation may be directly applied to the refund.

  • Additional legal compensation may be demanded if the damage exceeds the amount of the refund due.

In cases where alteration renders the artwork completely unfit for resale or commercialization under normal market conditions, the gallery reserves the right to deny the refund in its entirety due to excessive depreciation.

8.6 Packaging and Preservation

The use of the original specialized packaging is strongly recommended for returns. Any defect, omission, or inadequacy in the packaging shall engage the exclusive liability of the Client in the event of damage during transit.

8.7 Exceptions to the Right of Withdrawal

Certain items are exempt from the right of withdrawal and cannot be returned or refunded. This includes customized artworks made to the specific requirements of the consumer. To prevent any dispute related to custom-made or bespoke orders, the client formally undertakes to validate the final visual proof or technical description of a customized piece before its production begins. This validation acts as a firm, final, and irreversible agreement. In the event of a valid withdrawal for eligible items, return costs remain entirely at the expense of the client, except in cases of an established structural defect or non-conformity of the artwork.

9. Statutory Guarantees

In accordance with applicable French legislation, all artworks sold are covered—at no additional cost to the customer—by the following statutory legal guarantees:

Legal Guarantee of Conformity

(Articles L.217-3 to L.217-20 of the French Consumer Code) The Client has a period of two years from the date of delivery to request the repair or replacement of an item due to a conformity defect. If these remedies are physically impossible or disproportionate, a refund or price reduction may be offered.

  • For any inquiries regarding statutory guarantees, please contact: info@shyuartgallery.com or +33 6 98 02 21 48

Guarantee Against Hidden Defects

(Articles 1641 to 1649 of the French Civil Code) If the artwork contains a hidden, non-visible defect that makes it unfit for its intended use or significantly reduces its value/usability, the Client may request the cancellation of the sale (with a full refund upon return) or a partial price reduction.

  • For any inquiries regarding statutory guarantees, please contact: info@shyuartgallery.com or +33 6 98 02 21 48

Guarantor Details:

  • Guarantor: MoshĂ© Nagar EI – Sole Proprietor

  • Postal Address: 2680 route de Beynac, 87800 Burgnac, France

  • Phone: +33 (0)6 98 02 21 48

  • Email: info@shyuartgallery.com The Client may contact the guarantor using any of the methods listed above to exercise their legal rights.

Detailed Breakdown of Statutory Guarantees:

  1. Legal Guarantee of Conformity: This guarantee applies to any tangible movable property, provided that the seller is acting in a professional capacity, the buyer is a consumer, and the item does not match its description (e.g., size, medium, explicitly declared authenticity) or features a defect making it unfit for its expected use.

  2. Guarantee Against Hidden Defects: This guarantee covers artworks if a severe, non-visible defect existed at the exact time of sale and rendering the artwork unusable or drastically diminishing its value.

Exceptions:

  • These guarantees do not cover visible defects known to the buyer at the time of purchase, matters of subjective taste, or normal wear and tear.

  • The legal guarantee of conformity applies only to sales between a professional seller and a consumer buyer. The guarantee against hidden defects applies to all sales, including between professionals, under the conditions provided for in articles 1641 to 1649 of the Civil Code.

10. Important Notice Regarding Attributions and Dating

  1. The objects offered by Shyu Gallery are described based on the gallery’s current state of knowledge in art history, ethnography, comparative stylistic analysis, as well as the provenance data available at the time of their offering for sale.

  2. Unless expressly stated otherwise, indications regarding geographical origin, ethnic or cultural attribution, dating, ritual or ceremonial use, function, symbolism, provenance, or historical context constitute professional assessments and opinions formulated in good faith, and do not constitute absolute guarantees.

  3. The arts of Africa, Asia, Oceania, and ethnographic arts frequently rely on oral traditions and incomplete documentary records. Consequently, certain attributions, interpretations, or chronological estimates are subject to evolution in light of new research, field discoveries, expert assessments, or scientific analyses.

  4. Descriptions appearing on the website are strictly for informational purposes and reflect the professional opinion of the gallery as of the date of their publication.

11. Delivery

The gallery ensures secure delivery via a specialized art carrier. In the event of established transport damage, return shipping costs are fully covered by the gallery. If the artwork is deemed irreparable, a full refund will be processed. The indicative delivery timeframe is 14 business days. The company cannot be held liable for delivery delays caused by:

(i) cases of force majeure within the meaning of Article 1218 of the Civil Code;

(ii) delays attributable to a carrier chosen by the Customer himself;

(iii) incomplete or incorrect information provided by the Customer (address, contact, customs).

12. Amendments to Terms

The company reserves the right to modify the content of the website and these General Terms and Conditions of Sale at any time. Placed orders remain strictly governed by the Terms of Sale in force on the exact date of order validation.

13. Personal Data & Privacy Policy

13.1 Data Controller

The Data Controller is: MoshĂ© Nagar EI, 2680 route de Beynac, 87800 Burgnac, France. Contact: info@shyuartgallery.com – +33 (0)6 98 02 21 48.

13.2 Collected Data and Purposes

Within the scope of the contractual relationship, the gallery collects the following personal data: last name, first name, postal address, delivery address, email address, telephone number, payment details (processed directly by the third-party payment service provider), and order history.

This data is processed for the following purposes:

  • Order management and fulfillment — Legal basis: Performance of a contract (Art. 6(1)(b) GDPR);

  • Invoicing and bookkeeping — Legal basis: Compliance with a legal obligation (Art. 6(1)(c) GDPR);

  • Maintenance of the gallery’s police register (livre de police) in compliance with regulations applicable to the trade of antiquities and second-hand goods — Legal basis: Compliance with a legal obligation (Art. 6(1)(c) GDPR);

  • Management of customer service, returns, and claims — Legal basis: Performance of a contract (Art. 6(1)(b) GDPR);

  • Fraud prevention and transaction security — Legal basis: Legitimate interests (Art. 6(1)(f) GDPR);

  • Sending newsletters, subject to the Customer's prior express consent — Legal basis: Consent (Art. 6(1)(a) GDPR).

13.3 Data Recipients

The data is intended for the internal operations of the gallery and may be shared, strictly within the limits of the purposes set out above, with the following categories of recipients: payment processors, shipping carriers, website hosting providers, chartered accountants, and administrative or judicial authorities upon official legal requisition. No personal data is sold, rented, or exchanged with third parties for commercial or marketing purposes.

13.4 Transfers Outside the European Union

In principle, data is processed within the European Union. When a transfer to a third country is necessary, it is strictly governed by appropriate safeguards provided for under the GDPR (such as the European Commission's Standard Contractual Clauses or an adequacy decision).

13.5 Data Retention Periods

  • Order management and invoicing data: Ten (10) years from the closing of the corresponding financial year (Art. L.123-22 of the French Commercial Code).

  • Police register (livre de police) data: The statutory retention period applicable to the trade of second-hand goods, antiquities, and artworks.

  • Marketing and prospecting data: Three (3) years from the last contact initiated by the Customer.

  • Cookies and connection data: Maximum of thirteen (13) months.

13.6 Customer Rights

In accordance with Articles 15 to 22 of the GDPR and Articles 38 et seq. of the amended French Data Protection Act (Law No. 78-17 of January 6, 1978), the Customer possesses the right to access, rectify, erase, restrict processing, exercise data portability, and object (notably to any commercial marketing or profiling). The Customer also holds the right to withdraw their consent at any time when processing is based on it, and to define directives regarding the outcome of their personal data after their death (Art. 85 of the French Data Protection Act).

These rights may be exercised by writing to service@shyugallery.com or by postal mail at the address provided in Section 13.1. Proof of identity may be requested if deemed necessary.

13.7 Complaints to the CNIL

The Customer has the legal right to lodge a complaint with the French Data Protection Authority: Commission Nationale de l'Informatique et des LibertĂ©s (CNIL), 3 place de Fontenoy, TSA 80715, 75334 Paris Cedex 07, France — www.cnil.fr.

13.8 Cookies

The website uses cookies, the purposes, durations, and settings of which are detailed in the cookie consent banner displayed during the first visit and within the Cookie Policy accessible in the footer of the website.

14. Limitation of Liability

The company cannot be held liable for the temporary or permanent unavailability of the website. It may suspend access to the platform at any time for maintenance or technical updates. Furthermore, the company disclaims all liability for delivery delays resulting from external, unpredictable, or irresistible events (force majeure).

15. Governing Law and Dispute Resolution

These General Terms and Conditions of Sale are governed by and construed in accordance with French law. In the event of a dispute, an amicable solution will be sought in priority. Failing a mutual agreement, disputes involving professional clients shall fall under the exclusive jurisdiction of the Commercial Court of Limoges (Tribunal de commerce de Limoges, France). Disputes involving consumer clients shall be submitted to the competent courts of ordinary law.

16. Consumer Dispute Mediation

In accordance with Article L.612-1 of the French Consumer Code, consumer clients have the right to resort to a consumer mediation service free of charge to resolve disputes with the company. The designated mediator is:

  • Entity: CNPM – MĂ©diation Consommation

  • Address: 27, avenue de la LibĂ©ration, 42400 Saint-Chamond, France

  • 📧 Email: contact-admin@cnpm-mediation-consommation.eu

  • 🌐 Website: www.cnpm-mediation-consommation.eu The client may refer a matter to the mediator only after having first sent a formal written complaint to the company and in the absence of a satisfactory response within 30 days.

17. Late Payment Fees & Recovery Indemnity (For Professional Clients)

In accordance with Articles L441-10 and D441-5 of the French Commercial Code, any late payment by a professional client will automatically incur late interest penalties, alongside a mandatory statutory fixed recovery indemnity of €40. If actual recovery costs exceed this flat fee, additional compensation may be legally claimed upon presentation of supporting invoices or justifications.

18 — Anti-Money Laundering and Counter-Terrorism Financing Obligations (AML/CFT)

18.1 — Legal framework

Shyu Art Gallery (MoshĂ© Nagar EI, SIRET 98934313200019) operates as a professional dealer in works of art and cultural objects within the meaning of Article L. 561-2 of the French Monetary and Financial Code (Code monĂ©taire et financier, CMF), as amended by the ordinances transposing the Fourth and Fifth European Anti-Money Laundering Directives (EU Directives 2015/849 and 2018/843) and their implementing texts. As such, the Gallery is subject to French AML/CFT obligations (lutte contre le blanchiment de capitaux et le financement du terrorisme — LCB-FT) as defined and supervised by the Direction gĂ©nĂ©rale des douanes et droits indirects (DGDDI) for the art market sector.

18.2 — Threshold triggering identification obligations

In accordance with Article L. 561-2 15° CMF and Decree n° 2020-118 of 12 February 2020, the Gallery is required to apply customer due diligence measures for any transaction or series of linked transactions involving a total amount equal to or exceeding € 10,000, whether payment is made in cash, by bank transfer, by card, or by any other means. Below this threshold, the Gallery reserves the right to apply simplified due diligence at its discretion where circumstances warrant.

18.3 — Customer identification and due diligence

For transactions at or above the applicable threshold, and whenever the Gallery considers that the risk profile of a transaction or customer warrants it, the Gallery will request the following:

(a) Natural persons (individuals): a copy of a valid government-issued identity document (national identity card, passport); full name, date and place of birth, country of residence, and postal address; and, where applicable, the name and capacity of any person acting on behalf of the customer.

(b) Legal entities (companies, foundations, trusts, and equivalent structures): official name and legal form; registered office address; registration number and jurisdiction of incorporation; the identity of the legal representative; and the identity of any beneficial owner (beneficial ownership being understood within the meaning of Article L. 561-2-2 CMF, i.e. any natural person ultimately owning or controlling more than 25% of the entity's capital or voting rights, or exercising control by other means).

(c) Trusts and fiduciary structures: the identity of the settlor, trustee(s), protector(s) if any, beneficiaries or class of beneficiaries, and any other natural person exercising effective control over the trust.

The Gallery may request any supporting documentation it deems necessary to verify the information provided (proof of address, corporate registration extracts, beneficial ownership registry certificates, or equivalent documents from foreign jurisdictions).

18.4 — Politically exposed persons (PEPs)

Where the Gallery identifies or has reasonable grounds to suspect that a customer or their beneficial owner is a politically exposed person (PEP) within the meaning of Article L. 561-10 CMF — meaning a natural person who is or has been entrusted with a prominent public function, or an immediate family member or close associate of such a person — the Gallery will apply enhanced due diligence, including senior management approval of the transaction and heightened monitoring.

18..5 — Obligation to report suspicious transactions (dĂ©claration de soupçon)

The Gallery is subject to the obligation to report to TRACFIN (Traitement du renseignement et action contre les circuits financiers clandestins) any transaction or attempted transaction for which it has reasonable grounds to suspect that the funds involved are the proceeds of an offence punishable by imprisonment of more than one year, or that the transaction is linked to the financing of terrorism, in accordance with Articles L. 561-15 et seq. CMF. The Gallery is subject to professional secrecy with respect to any such report; neither the fact of a report nor its contents may be disclosed to the customer or to any third party (tipping-off prohibition, Article L. 561-19 CMF).

18..6 — Prohibition on cash payments above the legal threshold

In accordance with Article L. 112-6 CMF and Decree n° 2010-662 of 16 June 2010, cash payments for transactions between a professional (the Gallery) and a consumer are limited to € 1,000 per transaction. For transactions between two professionals, or between a professional and a non-resident, the applicable limit is € 15,000. The Gallery will not accept cash payments in excess of these limits under any circumstances.

18..7 — Retention of records

All identification documents and records obtained in the course of customer due diligence, as well as records of transactions, will be retained by the Gallery for a minimum period of five (5) years from the date of the transaction or from the end of the business relationship, in accordance with Article L. 561-12 CMF. These records are held securely and are accessible to competent authorities upon lawful request.

18..8 — Consequences of failure to provide required information

If a customer declines to provide the information or documentation required under this Article, or if the Gallery is unable to apply the required due diligence measures, the Gallery reserves the right to refuse to enter into, or to terminate, the commercial relationship and to decline to execute the transaction, without liability to the customer, in accordance with Article L. 561-8 CMF.

18..9 — Data protection

Personal data collected in the course of AML/CFT due diligence is processed on the legal basis of legal obligation (Article 6(1)(c) GDPR) and is used solely for the purposes of compliance with the Gallery's regulatory obligations. Such data will not be used for commercial purposes and will not be shared with third parties except as required by law (competent authorities, TRACFIN). For further information on the processing of personal data, please refer to the Gallery's Privacy Policy.